Lovett v. Buloid
New York Court of Chancery
This was an appeal from a decree of the late assistant vice ¡chancellor of the first circuit. The bill was filed by the surviving executor of R. M. Steele, for a judicial construction of certain provisions of the will of the testator. The will was made ■in 1813, and the property of the .testator consisted of personal .¡estate, entirely.
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This was an appeal from a decree of the late assistant vice ¡chancellor of the first circuit. The bill was filed by the surviving executor of R. M. Steele, for a judicial construction of certain provisions of the will of the testator. The will was made ■in 1813, and the property of the .testator consisted of personal .¡estate, entirely. After providing for the payment of his debts, and giving to his wife certain specific legacies and the guard ianship of his children, he bequeathed his residuary property to his executors and to the survivor of them, as tiustees, in trust to convert it into…
1Opinion of the Court
The Chancellor.
I think the assistant vice-chancellor erred -in supposing that the dying without issue, in the residuary clause of this will, referred to the death of any of the legatees without issue previous to the death of the testator; and that the testator -intended to give to his widow> and to each of his children who survived him, an absolute estate in an undivided share of the residuary fund. Such a construction is wholly inconsistent with other provisions of- the will. And, if each of -the legatees was to take an absolute interest in the share of the fund immediately upon the death of…
2Cases cited1 opinion
- Moore v. LyonsNew York Supreme Court · 1840
3Cited by2 opinions
- Wylie v. . LockwoodNew York Court of Appeals · 1881
- Naylor v. GodmanSupreme Court of Missouri · 1891