Myers v. Eddy
New York Supreme Court
THIS action, was commenced in December, 1858, for the purpose of obtaining a judicial construction of the will of Jesse L. Billings, deceased, and for settling the account of the plaintiff, as executor. The will, except the formal part, and portions not necessary to be stated, is as follows : u First.
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THIS action, was commenced in December, 1858, for the purpose of obtaining a judicial construction of the will of Jesse L. Billings, deceased, and for settling the account of the plaintiff, as executor. The will, except the formal part, and portions not necessary to be stated, is as follows : u First. I give and devise to my three grand children, Elizabeth, John and William, the children of my dear daughter, late wife of John H. Boyd, Esq. of Whitehall, the sum of $2800, to be equally divided between them, and the survivor- or survivors of them, when they or any of them shall attain the age…
1Opinion of the Court
By the Court, Potter, J.
I am not able to agree with ■ the learned judge, in the first finding, that the legacies given *266by the will are a charge upon the real estate; though there is authority in the books to sustain such a conclusion. There is some apparent conflict of authority, in the English cases, upon this point. This apparent conflict seems to be acknowledged by the learned judge in this case; and he therefore adopts as his guide, as he says, that rule of universal control in such cases, that the intent of the testator is to govern. I acknowledge and adopt this, also, as the true…
2Cases cited4 opinions
- Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
- Harris v. FlyNew York Court of Chancery · 1839
- Tract v. TracyNew York Supreme Court · 1852
- Gridley v. AndrewsSupreme Court of Connecticut · 1830
3Cited by19 opinions
- Hoyt v. . HoytNew York Court of Appeals · 1881
- In re the Estate of LilienthalNew York Surrogate's Court · 1930
- Wiltsie v. . ShawNew York Court of Appeals · 1885
- In re the Estate of ChambersNew York Surrogate's Court · 1920
- Manson v. MansonNew York Supreme Court · 1880
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