Legal Opinion

Williams v. Seaman

New York Surrogate's Court

Decided August 15, 1877PublishedCited by 5 opinions

Upon the accounting of the administrator with the will annexed, the construction of the will was necessary in order to determine who was entitled to the estate, which consisted exclusively of personalty.

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Upon the accounting of the administrator with the will annexed, the construction of the will was necessary in order to determine who was entitled to the estate, which consisted exclusively of personalty. The third clause of the will bequeathed the residue of the estate to Joseph Holmes, in trust, to pay the income, and such part of the principal as might be necessary, for the maintenance and education of William, the son of the testatrix, during his minority, and on his majority, to pay said residue, including any accumulations to him absolutely: also “ if my said son should die before…

1Opinion of the Court

The Surrogate.

The question is whether in case of the death of William before majority, Julia surviving him, would take the absolute estate, or only a life estate, remainder to her hems, or in other Avords, Avhether said legacy to Julia lapsed by reason of her death before William became of age, the words to her heirs forever, being substitutional and not words of limitation.

Eoper on Legacies, (vol. 1, p. 465,) states the rule as follows: “ The well established rule respecting lapse, through the death of the legatee, in the testator’s life*150time in cases not affected by the above statute, will…

2Cases cited3 opinions

  1. Hawn v. BanksNew York Court of Chancery · 1846
  2. Burtis v. DoughtyNew York Surrogate's Court · 1855
  3. Cipperly v. CipperlyNew York Supreme Court · 1870

3Cited by5 opinions

  1. Robins v. . McClureNew York Court of Appeals · 1885
  2. In re the Construction of the Last Will & Testament of SmithAppellate Division of the Supreme Court of the State of New York · 1923
  3. Barker v. SoutherlandNew York Surrogate's Court · 1886
  4. Hulse v. ReevsNew York Surrogate's Court · 1884
  5. In re the final accounting of SoutherlandNew York Surrogate's Court · 1886

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