Legal Opinion

Miller v. Philip

New York Court of Chancery

Decided March 15, 1836PublishedCited by 3 opinions

This was an appeal from a decree of the vice chancellor of the third circuit; and the only question in controversy between the parties was whether a legacy given to the complainant by the will of her father, was payable on the death of her mother, who survived the father about six years, or at the expiration of three years after the mother’s death.

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This was an appeal from a decree of the vice chancellor of the third circuit; and the only question in controversy between the parties was whether a legacy given to the complainant by the will of her father, was payable on the death of her mother, who survived the father about six years, or at the expiration of three years after the mother’s death. The testator devised all his real estate to his son, the defendants charged with the support of his mother, and with the payment of several legacies; among which was the legacy for which this suit was brought. The clause of the will in which the…

1Opinion of the Court

The Chancellor.

This is a mere question of construction, as to what the testator intended by the expression “ at the expiration of three years from the date of my decease, or the decease of my beloved wife,9’ And I think the construe*574tian which the vice chancellor has given to this clause of the will is as favorable to the defendant as the language of the will can bear. It is very evident to my mind that the testator has not, by mistake, substituted or for and in this case ; and I must arrive at such a conclusion before I can give a construction to the will which would postpone the payment of…

2Cited by3 opinions

  1. In re the Judicial Settlement of the Account of KobbeAppellate Division of the Supreme Court of the State of New York · 1933
  2. Chafee v. MakerSupreme Court of Rhode Island · 1892
  3. Ashton v. WilkinsonNew Jersey Court of Chancery · 1894

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