Chastain v. . Dickinson
New York Court of Appeals
Appeal by the plaintiff and by the defendants appellants from a j ndgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 23, 1910*, upon an order reversing a judgment of Special Term and directing judgment construing the will of Catherine Hunt Tilford, deceased. Catharine Hunt Tilford died September 3, 1908, leaving a will which has been duly admitted to probate.
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Appeal by the plaintiff and by the defendants appellants from a j ndgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 23, 1910*, upon an order reversing a judgment of Special Term and directing judgment construing the will of Catherine Hunt Tilford, deceased. Catharine Hunt Tilford died September 3, 1908, leaving a will which has been duly admitted to probate. At the time of making said will and at the time of her death she had five living children, Richard Curd Tilford, Edward Alfred Til-ford, Mary Trotter Chastain, Wesley Hunt Tilford and…
1Opinion of the CourtChase, J.
We concur in the opinion of the Appellate Division (Chastain v. Tilford, 138 App. Div. 746) in saying that the several parts of the will are not so intermingled oi interdependent that the bequests that offend against our statutes cannot be separated from the bequests that are made in conformity therewith. The predominant purpose of the testatrix, as shown by her will, was to give to each of her children then living the use of one-fifth of the residue of her estate for life. For reasons not expressed in the will she chose to limit the bequests to her three children, Richard, Edward and Mary,…
2Cases cited1 opinion
- Chastain v. TilfordAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by3 opinions
- Central Trust Co. v. FalckAppellate Division of the Supreme Court of the State of New York · 1917
- In re TrevorNew York Surrogate's Court · 1922
- Orr v. OrrAppellate Division of the Supreme Court of the State of New York · 1911