In Re the Judicial Settlement of the Account of Denton
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon, an order made May 28, 1891, which reversed a judgment entered upon a decree of the Surrogate’s Court of Queens county, settling the account of William L. Denton as surviving executor of Amos Denton, deceased. The questions at issue were dependent upon the construction to be given to the will of the decedent.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon, an order made May 28, 1891, which reversed a judgment entered upon a decree of the Surrogate’s Court of Queens county, settling the account of William L. Denton as surviving executor of Amos Denton, deceased. The questions at issue were dependent upon the construction to be given to the will of the decedent. The provisions thereof, so far as material, are as follows: “ First. I order my just debts and funeral and testamentary expenses paid out of my estate. “ Second. Having already…
1Opinion of the CourtMaynard, J.
This appeal involves the construction of the ninth or residuary clause of the will of Amos Denton, who died in 1857 and who left surviving him a widow, three sons, a married and an unmarried daughter.
By the clause in question he gave the residue of his estate to the three sons and the married daughter, to be divided equally between them, and added this paragraph, which has given rise to the present controversy, “ In case of the death of either of them, leaving issue before either of the different parts thereof as hereinbefore mentioned can be divided, then such issue to take the share or part…
2Cases cited1 opinion
- Vanderzee v. SlingerlandNew York Court of Appeals · 1886
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