Bradhurst v. Bradhurst
New York Court of Chancery
This was a bill filed by executors against the devisees and legatees to settle the construction of the will, and of the various bequests contained therein.
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This was a bill filed by executors against the devisees and legatees to settle the construction of the will, and of the various bequests contained therein. In September, 1825, the testator drew his own will, and executed the same in due form of law to pass real estate, and thereby appointed the complainants guardians and executors of his will, and then devised and disposed of his property as follows: “Imprimis: I do give and bequeath unto these my aforesaid executors and guardians, in trust to and for the uses and purposes hereinafter mentioned, all my real and personal estate, and order and…
1Opinion of the Court
The Chancellor :—I am satisfied from the will itself, without reference to the memorandums found therewith, that the intention of the testator was, to give to his granddaughter Mary Theresa an annuity of $300 only, during the life of her grand-mother; and on her decease to add to it one-third of the legacy given to the latter, thereby increasing it to $700.
The proper rule of construction in the case of wills, is to give effect to the intention of the testator, if such intention can be discovered from the whole will taken together, and the same is not inconsistent with the rules of law. (Wyatt…
2Cited by15 opinions
- Van Horne v. . CampbellNew York Court of Appeals · 1885
- In re the Probate of a Paper Propounded as the Last Will & Testament of ZimmermanNew York Surrogate's Court · 1918
- Pinckney v. PinckneyNew York Surrogate's Court · 1850
- Mealing v. PaceSupreme Court of Georgia · 1854
- Watson v. MaySupreme Court of Alabama · 1845
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