New York Supreme Court August 15, 1904 (Smith v. Havens Relief Fund Society)

Leventritt, J.

The plaintiff prays the judgment of the court construing the will of his testator. The defendants comprise, on the one hand, the direct beneficiaries, and on the other, the heirs and next of kin or their representatives, who would take as in the case of intestacy in the event of the invalidity of the trusts or gifts created by the instrument.