Fraser v. Trustees of General Assembly of United Presbyterian Church of North America
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 23, 1890, which affirmed a judgment entered upon a decision of the court on trial at Special Term. This was an action for the construction of a will. February 26, 1880, John McUaughton duly executed his last will and testament, the material parts of which are as follows: “ Item first.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 23, 1890, which affirmed a judgment entered upon a decision of the court on trial at Special Term. This was an action for the construction of a will. February 26, 1880, John McUaughton duly executed his last will and testament, the material parts of which are as follows: “ Item first. I give and bequeath to my wife, Margaret McFTaughton, my house and lot in the village of Caledonia, and all my household furniture, to have and to hold the same to her for and during…
1Opinion of the Court
Follett, Ch. J.
The only question presented by this appeal is whether the testator’s realty is converted by the will into personalty. The fee of the farm is not devised, nor is the fee of the house and lot, and both, upon the death of the testator, descended to his heirs at law, George H. Bristol and Larius F. Bristol, Jr., subject to the life estate of the widow in the house and lot, or to her dower right in both, as she may have elected, and also subject to such legacies, if any, as are charged upon the realty. It is evident from the face of the will that the testator did not intend to die…
2Cases cited3 opinions
- McCorn v. . McCornNew York Court of Appeals · 1885
- Hood v. . HoodNew York Court of Appeals · 1881
- Scholle v. . ScholleNew York Court of Appeals · 1889
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- Hayden v. SugdenNew York Supreme Court · 1905
- Kelly v. HoeyAppellate Division of the Supreme Court of the State of New York · 1898
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