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:
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