Executors of Denise v. Denise

Van Fleet, V. C.

The object of the bill in this case is to procure a construction of the will of John S. Denise, deceased. The principal question which the parties ask to have decided is, whether the legatee substituted by the twentieth section of our statute concerning wills, in case the legatee named in the will dies during the life of the testator, takes subject to the equities which would have existed against the primary legatee had he survived the testator, or free and clear of them.

The facts are these : The testator made his will on the 2d of April, 1873, and died on the 31st of…