Central Trust Co. v. . Egleston
New York Court of Appeals
Appeal from a judgment of the Appellate Division of -the Supreme Court in the first judicial department, entered January 13, 1906, which affirmed a judgment of Special Term in an action for the construction of the will of George W. Egleston, deceased. This action was brought in order that the will of George W. Egleston might be judicially construed.
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Appeal from a judgment of the Appellate Division of -the Supreme Court in the first judicial department, entered January 13, 1906, which affirmed a judgment of Special Term in an action for the construction of the will of George W. Egleston, deceased. This action was brought in order that the will of George W. Egleston might be judicially construed. The testator, a resident of this state, died in England, in 1904, and the instrument is in his own handwriting. lie left an estate of considerable size, which is disposed of, wholly, among his widow and three sons. The will, after directions for…
1Opinion of the CourtGray, J.
This will, written by the testator himself, .evidences, in the confusion of its language, an effort to make a definite testamentary disposition of his estate, without the aid, or the advice, of legal counsel; which might be ascribed to an exceeding confidence in - his own ability, or, as may be gathered in some expressions, to an unhappy distrust of lawyers. The result, in my opinion, has been disastrous to the instrument. We cannot hold that the intended testamentary disposition is sanctioned by our statutes. The court below has made a commendable, if not an heroic, effort to uphold it in…
2Cases cited4 opinions
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Schettler v. . SmithNew York Court of Appeals · 1869
- Tobias v. . KetchumNew York Court of Appeals · 1865
- Colton v. . FoxNew York Court of Appeals · 1876
3Cited by42 opinions
- In Re the Will of HornerNew York Court of Appeals · 1924
- Anderson v. MenefeeCourt of Appeals of Texas · 1915
- Bailey v. Buffalo Loan, Trust & Safe Deposit Co.New York Court of Appeals · 1915
- Gardner v. City National Bank & Trust Co.Michigan Supreme Court · 1934
- In re KohlerNew York Surrogate's Court · 1916
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