Carley v. . Harper
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme. Court in the second judicial department, entered April 16, 1915, which modified and affirmed as modified a judgment of Special Term construing the will of Augusta M. Harper, deceased. The facts, so far as material, are stated in the opinion. The general legacies were not charged upon the land, nor are they payable from the proceeds of its sale.
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Appeal from a judgment of the Appellate Division of the Supreme. Court in the second judicial department, entered April 16, 1915, which modified and affirmed as modified a judgment of Special Term construing the will of Augusta M. Harper, deceased. The facts, so far as material, are stated in the opinion. The general legacies were not charged upon the land, nor are they payable from the proceeds of its sale. (Fries v. Osborn, 190 N. Y. 35; Lynes v. Townsend, 33 N. Y. 558; Lediger v. Canfield, 78 App. Div. 597; Lee v. Lee, 88 Va. 805; Bevan v. Cooper, 72 N. Y. 317; Hoyt v. Hoyt, 85 N. Y. 142;…
1Opinion of the CourtPound, J.
Testatrix was a widow who had in 1896 received a considerable amount of property from her husband’s estate. She made her will in July, 1900. She died in December, 1911. The general legacies given by her will aggregated $132,200. They are not specifically charged upon the real estate. She left personal property, exclusive of specific bequests, amounting to less than $82,000. She also left real estate not specifically devised. In 1903 she had expended $29,500 in the purchase of real estate specifically devised. The trial court found and the Appellate Division has not disturbed the finding, that…
2Cases cited15 opinions
- Allen v. . StevensNew York Court of Appeals · 1899
- In Re the Appraisal Under the Transfer Tax Acts of the Property of KimberlyNew York Court of Appeals · 1896
- Bevan v. . CooperNew York Court of Appeals · 1878
- Lupton v. LuptonNew York Court of Chancery · 1817
- McCorn v. . McCornNew York Court of Appeals · 1885
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3Cited by38 opinions
- Fairclaw v. ForrestCourt of Appeals for the D.C. Circuit · 1942
- In re the Estate of LilienthalNew York Surrogate's Court · 1930
- In re the Judicial Settlement of the Account of LummisNew York Surrogate's Court · 1917
- State v. UnderwoodWyoming Supreme Court · 1939
- In re the Estate of O'BrienNew York Surrogate's Court · 1933
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