Russell v. . Russell
New York Court of Appeals
Laban Russell, the father of the Plaintiff, and of the Defendants William II. Russell, Mary Ann Jewett, and Laban G. Russell, departed this life in the month of September, 1842, seized and possessed of real estate in the town of Rye, in Westchester county.
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Laban Russell, the father of the Plaintiff, and of the Defendants William II. Russell, Mary Ann Jewett, and Laban G. Russell, departed this life in the month of September, 1842, seized and possessed of real estate in the town of Rye, in Westchester county. He had previously made a will, dated 18th April, 1833, by which he gave all his estate to his wife during her life or widowhood, with remainder to his said children, and, in case of the death of either, to his or her issue, and appointed his wife and his son, William H. Russell, executors. Subsequently, and on the 6th of September, 1842, he…
1Opinion of the CourtHunt, J.
By his will, executed April 18th, 1833, the testator gave all his real and personal estate to his wife, during her life or widowhood, with remainder to his four children, and named his wife and his son William as executors.
By a codicil of September, 1842, the testator gave power to his wife, Mary Bussell, “to sell and dispose of my real estate, or any part thereof, at public or private sale, as' she shall deem most expedient, and for the best interest of all my said legatees, in my said will named.”
By the expression “ legatees,” in the codicil, the testator intended to designate his four…
2Cited by26 opinions
- Loring v. BrodieMassachusetts Supreme Judicial Court · 1883
- Valentine v. WysorIndiana Supreme Court · 1890
- Arlington State Bank v. PaulsenNebraska Supreme Court · 1899
- Coleman v. . BeachNew York Court of Appeals · 1885
- United States v. BenedictCourt of Appeals for the Second Circuit · 1922
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