Tifft v. . Porter
New York Court of Appeals
On the 16th of June, 1849, Henry Tifft, the husband of the plaintiff' died. At the time of his death he owned three hundred and sixty shares of the stock of the Cayuga County Bank.
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On the 16th of June, 1849, Henry Tifft, the husband of the plaintiff' died. At the time of his death he owned three hundred and sixty shares of the stock of the Cayuga County Bank. He left a will containing among others the following bequests: “Second: I give, devise and bequeath unto my wife Ursula Tifft, 240 shares of bank stock in the Cayuga County Bank, at Auburn, also all my household furniture, books, wearing apparel, all of which property and bank stock above mentioned are to be delivered to her, as soon as may be after letters testamentary shall have been granted, and issued on this…
1Opinion of the CourtJohnson, J.
A legacy is general, when it is so given as not to amount to a bequest of a particular thing or money of the testator distinguished from all others of the same kind. It is specific, when it is a bequest of a specified part of the testator’s personal estate which is so distinguished. (Wms. on Ex. 838.) In those cases in which legacies of stocks or shares in public funds have been held to be specific, some expression has been found from which an intention to make the bequest of the particular shares of stock could be inferred. Where, for instance, the testator has used such language as, “my…
2Cited by98 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- Kenaday v. SinnottSupreme Court of the United States · 1901
- In Re the Accounting of Security Trust Co.New York Court of Appeals · 1917
- In Re the Estate of De BernalCalifornia Supreme Court · 1913
- Trustees of Unitarian Society v. TuftsMassachusetts Supreme Judicial Court · 1890
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