Bradhurst v. . Field
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 31, 1892, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 31, 1892, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. In construing a will, when the testator’s intention or general plan is clearly shown in the testamentary paper, this intention or general plan must control. (1 Redf. on Wills, 454; Phillips v. Davies, 92 N. Y. 199; Ritch v. Hawxhurst, 114 id. 512; Colton v.…
1Opinion of the Court
Per Gwriam.
The plaintiff brought this action to obtain a judicial construction of the will of her husband Thomas O. P. Bradhurst, deceased, and the object sought to be accomplished was to have a trust declared in the executors; under which she should be paid the sum of $10,000 annually during her life. At the trial a motion was made for judgment upon the complaint, on the ground that no cause of action was set forth; and the question is, whether upon the allegations the plaintiff showed herself entitled to maintain such an action and to adduce evidence to establish her right to the…
2Cited by51 opinions
- Brown v. . QuintardNew York Court of Appeals · 1903
- Matter of GallienNew York Court of Appeals · 1928
- Matter of BieleyNew York Court of Appeals · 1998
- Connor v. GardnerIllinois Supreme Court · 1907
- Dreyer v. . ReismanNew York Court of Appeals · 1911
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