Barrow v. Barrow
New York Supreme Court
Case submitted on agreed statement. On the 13th day of December, 1879, Edmund H. Prior made his last will and testament, wherein he appointed Henry Barrow and Edward Wood bis executors. He died in Westchester county, October 16, 1888, and his will was probated on January 18, 1889, and the executors qualified and entered upon the discharge of their duties as such executors.
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Case submitted on agreed statement. On the 13th day of December, 1879, Edmund H. Prior made his last will and testament, wherein he appointed Henry Barrow and Edward Wood bis executors. He died in Westchester county, October 16, 1888, and his will was probated on January 18, 1889, and the executors qualified and entered upon the discharge of their duties as such executors. The plaintiffs “claim that under the will of Edmund H. Prior, deceased, the net interest or income on the amount given to the executors in trust, and directed to be invested by them for their benefit, commences from the day…
1Opinion of the CourtHardin, P. J.
The language of the will before us is quite unlike that found in the will that was the subject of construction in Bradner v. Faulkner, 12 N. Y. 472. In that case, “the sum of $16,000, to be paid to her, by my executors, out of my personal estate, as soon as the same can be collected after my decease,” was the language under which Mrs. Eaulkner sought to recover interest from the decease of the testator. It was said by the court that the language used, as well as the other circumstances appearing in the case, did not indicate an intent on the part of the testator that the legatee should…
2Cases cited12 opinions
- Williamson v. WilliamsonNew York Court of Chancery · 1837
- Cooke v. . MeekerNew York Court of Appeals · 1867
- Bradner v. . FaulknerNew York Court of Appeals · 1855
- Hilyard's EstateSupreme Court of Pennsylvania · 1842
- In re the Estate of LynchNew York Surrogate's Court · 1876
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3Cited by3 opinions
- In re Austin's WillAppellate Division of the Supreme Court of the State of New York · 1901
- In re Stanfield's EstateNew York Supreme Court · 1892
- In re O'Hara's Ex'rsNew York Surrogate's Court · 1897