In re Herr's Will

New York Supreme Court

In re Herr's Will

10 N.Y.S. 680, 32 N.Y. St. Rep. 724, 1890 N.Y. Misc. LEXIS 925

DecidedJuly 18, 1890

StatusPublished

This text of 10 N.Y.S. 680 (In re Herr's Will) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Herr's Will, 10 N.Y.S. 680, 32 N.Y. St. Rep. 724, 1890 N.Y. Misc. LEXIS 925 (N.Y. Super. Ct. 1890).

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Opinion

Pratt, J.

The previous decision in the matter of a legacy under this will is decisive of this appeal. The opinion found in 7 N. Y. Supp. 852, fully discusses the questions involved. In that case the orphan asylum was held to be a house of industry. In this case the consumptive home, whose inmates are entirely supported by charity, is an almhouse. The same rule applies to one as to the other. It follows that the decree appealed from must be reversed, so far as it relates to the appellant, with costs.

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Pratt, J.

The previous decision in the matter of a legacy under this will is decisive of this appeal. The opinion found in 7 N. Y. Supp. 852, fully discusses the questions involved. In that case the orphan asylum was held to be a house of industry. In this case the consumptive home, whose inmates are entirely supported by charity, is an almhouse. The same rule applies to one as to the other. It follows that the decree appealed from must be reversed, so far as it relates to the appellant, with costs.

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Bluebook (online)

10 N.Y.S. 680, 32 N.Y. St. Rep. 724, 1890 N.Y. Misc. LEXIS 925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-herrs-will-nysupct-1890.

Opinion

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