House v. Raymond
New York Supreme Court
Submission of a controversy without action, pursuant to section 372 of the Code of Procedure. The controversy was between Harry S. House and another, surviving executors of and trustees under the last will and testament of Benjamin Raymond, deceased, against Sidney Raymond and another, children of said testator and devisees and legatees under said will, for a construction thereof.
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Submission of a controversy without action, pursuant to section 372 of the Code of Procedure. The controversy was between Harry S. House and another, surviving executors of and trustees under the last will and testament of Benjamin Raymond, deceased, against Sidney Raymond and another, children of said testator and devisees and legatees under said will, for a construction thereof. The testator died November 17,1870, leaving surviving a widow, Jane L. Raymond, the two children above named, and three grandchildren, one Benjamin E. Raymond, son of said Sidney Raymond, the other two Wallace R.…
1Opinion of the CourtDaniels, J.
The first point requiring consideration in the disposition of this case is whether the testator’s widow took the personal property in the homestead absolutely or only for the period of her natural life, and that must be determined from what was expressed by the first paragraph of the will. That paragraph, so far as it is now material to refer to it, was as follows: “ I hereby give, devise and bequeath unto my beloved wife, Jane L. Raymond, the use of my homestead and all the personal property thereon at my decease, except,” etc.
After excepting certain securities, money, and the safe…
2Cases cited4 opinions
- Vernon v. . VernonNew York Court of Appeals · 1873
- Youngs v. . YoungsNew York Court of Appeals · 1871
- Salisbury v. MorssNew York Supreme Court · 1873
- Taylor v. . MorrisNew York Court of Appeals · 1848