Reed v. Hoyt
Reed v. Hoyt
Opinion of the Court
By agreement of parties the determination of this case depends entirely upon the construction of the will, the material parts of which are as follows:
“I give and devise all of my real estate and personal property unto my husband, Hiram Hoyt, to be used and enjoyed by him during the term of his natural life: provided, that he remain my widower; otherwise I desire that the property shall be divided as herein provided.
“That the property be equally divided between the parties named in this will, except that the two sons of my deceased daughter, Eliza Reed, namely, Charles Ruben Reed and Cyrus L. Reed.
“It is my will and desire that at my decease my daughter MaryE. Williams, my daughter Mariah L. Reed,, and my son Charles E. Hoyt, my son William Albertus Hoyt, my son Eugene Hoyt, my son Herman Hoyt, my grandson Orville Hoyt, my grandsons Charles Ruben Reed and Cyrus L. Reed, that each of the above-named shall receive at my decease the sum of one hundred dollars in money, if they are of lawful age; otherwise that they shall be entitled to receive the stated amount when he shall become of lawful age. I appoint my husband, Hiram Hoyt, for my lawful executor of this, my last last will and testament, hereby revoking all other or former wills by me made.”
Plaintiff claims that under the will he is entitled to a legacy of $100, while it is contended for defendant that plaintiff and his brother, Charles Ruben Reed, are together entitled to only $100. The second paragraph of the will, as here quoted, is apparently unintelligible, but, at any rate, it seems to have no connection with the succeeding one, in which the legacies are provided for, nor to be in
Case-law data current through December 31, 2025. Source: CourtListener bulk data.