Hart v. Castle
New York Supreme Court
Appeals from special term, Monroe county. Claims presented by Titus Hart and others against the estate of Eliza Hart Kinyon, represented by defendant, James B. Castle, her executor. Plaintiffs appeal from a judgment entered in pursuance of the report of the referee in a reference ordered by the surrogate,‘and from an order of the special term denying their motion for a new trial on a case and exceptions.
1Opinion of the CourtMacomber, J.
The question presented by this appeal arises upon the construction of the residuary clause of the last will of John H. Hart, who died in Seneca county, in the year 1857. The testator left three sons, Enoch H. Hart, Daniel Hart, and the plaintiff Titus Hart; and also three daughters, Amanda Hart, Mary R. Smith, one of the plaintiffs, and Eliza Hart, who, after the death of her father, married a man by the name of Kinyon. The plaintiff Edgar M. Smith is the administrator of the estate of Amanda Hart. The claims presented against the estate represented by the defendant were several, and not…
2Cases cited3 opinions
- Van Horne v. . CampbellNew York Court of Appeals · 1885
- Campbell v. . BeaumontNew York Court of Appeals · 1883
- Crain v. . WrightNew York Court of Appeals · 1889
3Cited by3 opinions
- Wilson v. Van EppsNew York Supreme Court · 1902
- Howell v. RandallNew York Supreme Court · 1901
- Mersereau v. CampNew York Supreme Court · 1903