Baker v. Hamilton

Appellate Division of the Supreme Court of New York

Baker v. Hamilton

115 A.D. 890

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1906·Published

Opinion

We think the appellant is eriiitied to the fund in controversy, the distribution being among the persons who answer to the legal definition of next of.kin at the time of the death of the testa tor and not atthetimeof the death of liis daughter. (See Clark v. Cammann, 160 N. Y. 315, 329; Doane v. Mercantile Trust Co., Id. 494, 499.) - The first reporte!' the referee should be confirmed and the -judgment modified by providing that the fund in controversy, namely, an undivided one-forty-second part of the entire fund, be paid to the appellant instead of to the respondent, Maude Beekman. and as modified affirmed, with costs to the the said respondent. Hirschberg, P. J., Jenks, Hooker, Rich and Miller, JJ., concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

We think the appellant is eriiitied to the fund in controversy, the distribution being among the persons who answer to the legal definition of next of.kin at the time of the death of the testa tor and not atthetimeof the death of liis daughter. (See Clark v. Cammann, 160 N. Y. 315, 329; Doane v. Mercantile Trust Co., Id. 494, 499.) - The first reporte!' the referee should be confirmed and the -judgment modified by providing that the fund in controversy, namely, an undivided one-forty-second part of the entire fund, be paid to the appellant instead of to the respondent, Maude Beekman. and as modified affirmed, with costs to the the said respondent. Hirschberg, P. J., Jenks, Hooker, Rich and Miller, JJ., concurred.

Baker v. Hamilton, 115 A.D. 890 (N.Y. Ct. App. 1906).

Pincite

115 A.D. 890 (Baker v. Hamilton) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related