In re Champion's Estate
New York Surrogate's Court
Proceedings for the settlement of the estate of Thomas Champion, deceased. The third paragraph of the will reads as follows: “I give to John Donohue the first refusal to rent my said store, No. 120 Broadway, at thirty dollars per month, during the life-time of my wife, and upon her deatli the said John Donohue is to have the first opportunity to purchase my said real estate * * * from my executor, at such an amount as will pay the mortgage now existing thereon and the…
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Proceedings for the settlement of the estate of Thomas Champion, deceased. The third paragraph of the will reads as follows: “I give to John Donohue the first refusal to rent my said store, No. 120 Broadway, at thirty dollars per month, during the life-time of my wife, and upon her deatli the said John Donohue is to have the first opportunity to purchase my said real estate * * * from my executor, at such an amount as will pay the mortgage now existing thereon and the following legacies, viz.: $1,000 to Mary MeCutcheon, wile of David MeCutcheon; $300 to Susan Dolan; $500 to Richard Champion;…
1Opinion of the Court
Coleman, S.
Mary MeCutcheon having died before the testator, and not being “a child or other descendant, ” the legacy of $1,000 to her lapsed. Van Beuren v. Dash, 30 N. Y. 393; In re Wells, 113 N. Y. 396, 21 N. E. Rep. 137. This being so, it is claimed on behalf of John Donohue that under the will his relation to the property is that of a devisee, and that the legacy to Mary MeCutcheon, having lapsed, sinks into the land to his benefit. The provision that John Donohue may purchase the property is not a devise to him of the land charged with the various sums to be paid from the proceeds of the…
2Cases cited4 opinions
- In Re the Final Judicial Settlement of the Accounts of WellsNew York Court of Appeals · 1889
- Van Beuren v. . DashNew York Court of Appeals · 1864
- Moncrief v. . RossNew York Court of Appeals · 1872
- In re Smith's EstateNew York Surrogate's Court · 1890
3Cited by3 opinions
- Holman v. StateSupreme Court of Alabama · 1905
- Matter of Estate of ErdahlMontana Supreme Court · 1981
- In re Estate of FitzgeraldCourt of Appeals of Minnesota · 1985