Hopkins v. Gouraud
The Superior Court of New York City
Appeal by defendants from a judgment rendered at Special Term in March, 1893, construing the will of testatrix and instructing the executor. This action was brought by Ferdinand T. Hopkins, as executor, etc., of the will of Martha B. T. Hopkins, deceased, to obtain a judicial construction of such will and for instructions as to his duty in respect to paying off a mortgage for $10,000 upon premises in East Forty-sixth, street, owned by testatrix at the time of her death.
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Appeal by defendants from a judgment rendered at Special Term in March, 1893, construing the will of testatrix and instructing the executor. This action was brought by Ferdinand T. Hopkins, as executor, etc., of the will of Martha B. T. Hopkins, deceased, to obtain a judicial construction of such will and for instructions as to his duty in respect to paying off a mortgage for $10,000 upon premises in East Forty-sixth, street, owned by testatrix at the time of her death. The will of testatrix specifically devised the premises No. 151 East Forty-sixth street in the City of New York to her sons…
1Opinion of the CourtDugro, J.
The direction in the sixteenth subdivision of the will is in the nature of a specific legacy, and would come within the rule as to ademption of legacies. If the proceeds of the mortgage exist in any distinct form, so as to have a separate entity, or if a part of the proceeds so exists, the direction does not fail of force, for such proceeds or part must be applied as directed. In the case presented I think the proceeds of the Louisville Southern Railway Co. bonds should be applied to a reduction of the mortgage. The bonds are traceable to the immediate proceeds of the East Broadway…
2Cases cited6 opinions
- Walton v. WaltonNew York Court of Chancery · 1823
- Beck v. McGillisNew York Supreme Court · 1850
- Davis v. . CrandallNew York Court of Appeals · 1886
- Giddings v. . SewardNew York Court of Appeals · 1857
- Doughty v. StillwellNew York Surrogate's Court · 1850
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