Hone v. . Van Schaick
New York Court of Appeals
The questions in this case arose under the will of John Hone, who died at the city of New-York in April, 1832. By a codicil annexed to his will he gave to each of his “ grandchildren^ living at his death the sum of $6000, to be paid to them upon their attaining respectively the age of twenty-one years, or marrying, whichever event should first take place: such payment not to be made without the consent of the parents of the grandchild.
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The questions in this case arose under the will of John Hone, who died at the city of New-York in April, 1832. By a codicil annexed to his will he gave to each of his “ grandchildren^ living at his death the sum of $6000, to be paid to them upon their attaining respectively the age of twenty-one years, or marrying, whichever event should first take place: such payment not to be made without the consent of the parents of the grandchild. Mrs. Joanna Kneeland was a granddaughter of the testator, but of age, and married, when the will was made, and both her parents were dead. The questions were…
1Opinion of the CourtGardiner, J.
The respondents claim that Mrs. Joanna Kneeland, a granddaughter of the testator, is entitled to the legacy provided by the third article of the first codicil, in her own right as granddaughter of the testator, or if not, then that her children are included under the denomination of grandchildren, and that such of them as should be living at his death are each accordingly entitled to a legacy of $6000.
The testator has described the beneficiaries intended by him, first, as his grandchildren living at the time of his death ; secondly, by a direction that the legacy should “ be paid to them and…
2Cited by15 opinions
- Clay v. LaytonMichigan Supreme Court · 1903
- Cooper v. HeathertonAppellate Division of the Supreme Court of the State of New York · 1901
- Lee v. Baird.Supreme Court of North Carolina · 1903
- In re DavisNew York Surrogate's Court · 1927
- In re the Estate of FaustNew York Surrogate's Court · 1913
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