Gourley v. . Campbell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Beported below, 6 Hun, 218.) This was an action to obtain a construction of the will of James Hays, of Newburgh, N. Y., and for the appointment of a trustee to carry out the provisions of the will.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Beported below, 6 Hun, 218.) This was an action to obtain a construction of the will of James Hays, of Newburgh, N. Y., and for the appointment of a trustee to carry out the provisions of the will. The material clauses of the will in question are as follows: “ In the first place, I will and determine that my executors, hereinafter named, shall collect all sum and sums of money-due to me from…
1Opinion of the CourtMiller, J.
The main question to be determined upon this appeal is, whether the testator intended an absolute conversion of his real estate into money, or what is called in law a conversion out and out, and a distribution of the same as personal property among the devisees named in the will. There are no explicit directions in the will which show clearly such an intention, and if it is to be considered as existing it must be derived from the construction to be placed upon certain provisions of the will under the rules of law applicable to such cases. While it is evident that the testator intended to…
2Cases cited3 opinions
- White v. . HowardNew York Court of Appeals · 1871
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Sharpsteen v. TillouNew York Supreme Court · 1824
3Cited by16 opinions
- Hobson v. . HaleNew York Court of Appeals · 1884
- Matter of BinghamNew York Court of Appeals · 1891
- Penfield v. TowerNorth Dakota Supreme Court · 1890
- Parker v. . LindenNew York Court of Appeals · 1889
- In re FrechAppellate Division of the Supreme Court of the State of New York · 1927
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