Gillespie v. Miller
New York Court of Chancery
THE bill was filed by the plaintiffs, as executors of Samuel Gillespie, the brother and residuary legatee of William Gillespie, deceased, against the defendant, as the surviving executor of William Gillespie, for an account of the personal estate, 8zc.
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THE bill was filed by the plaintiffs, as executors of Samuel Gillespie, the brother and residuary legatee of William Gillespie, deceased, against the defendant, as the surviving executor of William Gillespie, for an account of the personal estate, 8zc. The will of William Gillespie was dated February 13, 1813; and the material parts of it were as follows : “ First, I give and bequeath to my beloved wife, Mary Gillespie, my house and lot in Smith-street, in the village of Newburgh, &c. Also, I give to my said wife, Mary Gillespie, all my personal property which shall remain, after paying…
1Opinion of the Court
The Chancellor.
The language of the will is perfectly clear and definite. The respective devises and bequests to the wife, are all connected by the word also, and subject to one and the same limitation. The testator devises to her his house and lot in the village of Newburgh ; also, all his personal property, also, the rents and profits of his house and farm at Neely Town ; and after her decease, he gives and devises the same to his brother, Samuel Gillespie, in fee,chargeable with certain legacies. . There seems to be no room for any other construction. The law admits of a limitation over by…
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