IN RE NEHER 279 N.Y. 370, 18 N.E.2d 625 (1939) CASE BRIEF

IN RE NEHER
279 N.Y. 370, 18 N.E.2d 625 (1939)
NATURE OF THE CASE: This was an action for reformation of a provision in a will. Appealed. Village sought review of a decree that affirmed a trial court's decision, which denied the village's application for a decree construing and reforming a provision of a will that left property to the village to use for a hospital.
FACTS: Testatrix devised her home to the village in which it was located, to be used to build a hospital in memory of her husband. The Trustees of the village (P) accepted the property on the terms expressed in the will. Later, the village petitioned the Surrogate's Court to reform the will to enable them to establish a Memorial Hall on the property, since they lacked the resources to build a hospital. The Surrogate denied the petition, and the Appellate Division affirmed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner

No comments:

Post a Comment