Forster v. . Winfield
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Few York, entered upon an order made May 1, 1893, which directed judgment in favor of plaintiffs upon a case submitted under section 1279 of the Code of Civil Procedure. George H. Forster died in the city of Few York in Fovember, 1888, leaving a widow and two sons, Henry A. Forster and Frederick E. Forster, and also leaving a will, the sixth clause of which is as follows: “ Sixth.
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Appeal from judgment of the General Term of the Superior Court of the city of Few York, entered upon an order made May 1, 1893, which directed judgment in favor of plaintiffs upon a case submitted under section 1279 of the Code of Civil Procedure. George H. Forster died in the city of Few York in Fovember, 1888, leaving a widow and two sons, Henry A. Forster and Frederick E. Forster, and also leaving a will, the sixth clause of which is as follows: “ Sixth. I appoint my brother, Frederick P. Forster, and my son, Henry A. Forster, executors of this will, and empower them to sell and convey all…
1Opinion of the CourtEarl, J.
There is no technical rule of law to be applied in the construction of the 6th clause of this will. The intention of the testator, as that can be ascertained from the language used, is to control and have effect. Did the testator intend to vest Frederick P. Forster and Henry A. Forster, these plaintiffs, as individuals, absolutely with the title to the land or its proceeds? Before a gift to executors eo nomine can be held tti vest in them individually the intention that it should so vest must be plainly manifested. In the language here used we find no such intention. He appoints the…
2Cited by17 opinions
- Gilman v. GilmanSupreme Court of Connecticut · 1923
- Christman v. RoeschAppellate Division of the Supreme Court of the State of New York · 1909
- Abrey v. DuffieldMichigan Supreme Court · 1907
- In re the Estate of MegrueNew York Surrogate's Court · 1929
- In re the Judicial Settlement of the Account of ArmbrusterNew York Surrogate's Court · 1923
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