Cruger v. Phelps
New York Supreme Court
This is an action brought by the executor of the last will and testament of JoLq. Augustus Pell, deceased, to determine whether the distribution of his personal property is to be governed by the law of Prance, or of Hew York, and whether the italicized portion of the following paragraph of his will is valid: “ Fourth.
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This is an action brought by the executor of the last will and testament of JoLq. Augustus Pell, deceased, to determine whether the distribution of his personal property is to be governed by the law of Prance, or of Hew York, and whether the italicized portion of the following paragraph of his will is valid: “ Fourth. All the rest, residue, and remainder of iny estate real and personal, wheresoever found of which I may die" possessed or entitled to, or not be effectually given and disposed of by this my will, I give, devise and bequeath to the Hew York Life Insurance & Trust Company, in the…
1Opinion of the CourtChase, J.
An executor, takes the legal title to the personal estate of the testator as a trustee. Equity has jiuisdiction over trusts and such jurisdiction is exercised to construe wills whenever necessary to guide the action of the trustee.
This action is brought by the executor to determine the legal domicile of the testator at the time of the execution of his will, and in case the testator’s legal domicile was in France, what law governs the distribution of his personal estate; and it is also brought to obtain a construction of. such will so far as it relates to personal property. The plaintiff is…
2Cases cited2 opinions
- Dupuy v. . WurtzNew York Court of Appeals · 1873
- Whiton v. SnyderNew York Supreme Court · 1889
3Cited by19 opinions
- Pickering v. WinchOregon Supreme Court · 1906
- Croop v. WaltonIndiana Supreme Court · 1927
- Graves v. First National Bank in Grand ForksNorth Dakota Supreme Court · 1965
- In re the Estate of ForteNew York Surrogate's Court · 1933
- In Re the Estate of PughWashington Supreme Court · 1943
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