Livingston v. . Gordon
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 22, 1880, affirming a judgment entered upon a decision of the court on trial at Special Term. This action was brought to obtain a construction of a provision in the will of Ernest S. McCrackan, deceased.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 22, 1880, affirming a judgment entered upon a decision of the court on trial at Special Term. This action was brought to obtain a construction of a provision in the will of Ernest S. McCrackan, deceased. This will was dated the 11th .day of October, 1875; the testator died in February, 1878. The provision of the will referred to is as follows: “ I give and devise to my executors the sum of $32,000 in trust to invest the same and pay the interest thereof semi-annually…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] There can, we think, be no doubt as to the validity and legality of the bequest made by the testator which is the subject of this controversy, and the only question presented is as to the construction to be placed upon the language employed and the terms and conditions upon which the bequest was made.
By the will of the testator he gave to his executors the sum of $32,000, in trust, to invest the same and pay over the interest to the New York Home of the Blind,…
2Cases cited4 opinions
- Finlay v. King's LesseeSupreme Court of the United States · 1830
- Gridley v. . GridleyNew York Court of Appeals · 1861
- Martin v. BallouNew York Supreme Court · 1852
- Smith v. JewettSupreme Court of New Hampshire · 1860
3Cited by9 opinions
- In re the Estate of MahlstedtNew York Surrogate's Court · 1931
- Gill's v. Woman's ClubCourt of Appeals of Kentucky · 1924
- Lange v. Houston Bank & Trust Co.Court of Appeals of Texas · 1946
- Disney v. WilsonSupreme Court of Virginia · 1950
- In Re the Will of TrybomNew York Court of Appeals · 1938
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