Phillips v. . Phillips
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 1, 1887, which affirmed a judgment entered upon a. decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 1, 1887, which affirmed a judgment 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 It was the intention of the testator, in the second clause of his will, to make the payments of the annuities therein specified dependent upon the condition that the plaintiff could make them, and not upon the condition that she might arbitrarily determine that she did not elect to…
1Opinion of the CourtFinch, J.
The will to be construed was written by the testator himself, and while extremely brief and simple, presents a problem not altogether easy of solution.
Its terms give to the testator’s wife the whole of his property, real and personal, name her as executrix, and then proceed as follows: “ If she find it always convenient to pay my sister Caroline Buck the sum of three hundred dollars a year, and also to give my brother, Edwin W., during his life the interest on ten thousand dollars (or seven hundred dollars per year), I wish it to be done.” The widow has paid the annuity to the sister…
2Cases cited3 opinions
- Bliven v. . SeymourNew York Court of Appeals · 1882
- Warner v. BatesMassachusetts Supreme Judicial Court · 1867
- Lawrence v. . CookeNew York Court of Appeals · 1887
3Cited by57 opinions
- Collister v. . FassittNew York Court of Appeals · 1900
- Clay v. . WoodNew York Court of Appeals · 1897
- In Re the Probate of the Will of KelemanNew York Court of Appeals · 1891
- In Re Estate of TooleyCalifornia Supreme Court · 1915
- Rose Gelb, Victor Edwin Gelb, Manufacturers Trust Company, Executors, of the Estate of Harry Gelb v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1962
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