Wagstaff v. Lowerre
New York Supreme Court
THE complaint in this cause was filed for the partition and division of the estate, real and personal, whereof David Wagstaff died seised, and for a settlement of the accounts of the plaintiff as trustee and executor under the will of the said deceased.
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THE complaint in this cause was filed for the partition and division of the estate, real and personal, whereof David Wagstaff died seised, and for a settlement of the accounts of the plaintiff as trustee and executor under the will of the said deceased. David Wagstaff, of the city of New York, being possessed of a large real estate, on the 7th of August, 1824, made and published his will in due form to pass real estate, whereby, after directing the payment of his debts, he bequeathed to his wife an annuity of §3000 during her life, to be paid out of the income of bis estate, and he also gave…
1Opinion of the CourtDavies, J.
A careful examination of this will, and the authorities cited on the argument, has led me to the conclusion *215that the report of the referee in this case is correct, and should be confirmed, with a single exception.
It appears to me that there can be no serious difficulty in ascertaining the intent of the testator in reference to the disposition of his estate; and when that can be gathered, the principle is too familiar to need authority to sustain it, that that intention must govern. At the time the will was made, the testator had a wife and five children, who, he anticipated, would survive…
2Cases cited4 opinions
- Meacham v. SternesNew York Court of Chancery · 1842
- Sweezy v. ThayerThe Superior Court of New York City · 1852
- Graham v. DickinsonNew York Court of Chancery · 1848
- Wood v. BurnhamNew York Court of Chancery · 1837
3Cited by28 opinions
- In Re the Accounting of BusheNew York Court of Appeals · 1919
- Phoenix v. . LivingstonNew York Court of Appeals · 1886
- Crowe v. HogeboomAppellate Division of the Supreme Court of the State of New York · 1927
- Ogden v. . MurrayNew York Court of Appeals · 1868
- In re Warren E. Smith Co.Appellate Division of the Supreme Court of the State of New York · 1898
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