Mann v. Mann
New York Court of Chancery
THE plaintiffs, as heirs and residuary legatees of David Mann, deceased, filed their bill against the widow and executors.
Read the full summary
THE plaintiffs, as heirs and residuary legatees of David Mann, deceased, filed their bill against the widow and executors. The testator, by his will, dated March 9, 1802, after directing his debts to be paid, and a legacy to his niece, Mary Connel, to be paid out of his personal estate, devised to his wife, and to her heirs and assigns for ever, in fee, certain lands and real estate, therein described ; and, also, bequeathed to her all the rest, residue, and remainder of the moneys belonging to his estate at the time of his decease ; and, also, his negro slaves, horses, stock, furniture, &c.,…
1Opinion of the Court
The Chancellor.
The question here is, whether, under the bequest of “ all the rest, residue, and remainder of the moneys belonging to my estate at the time of my decease,” the widow be entitled to any thing more than the cash which the testator left at his death ; or whether, as the defendants have contended, she be entitled also to the bonds, mortgages, and notes ?
*234This question has led to another, and that is, whether the parol evidence offered be admissible to explain the testator’s meaning ?
It is a well-settled rule, that seems not to stand in need of much proof, or illustration, for it…
2Cited by59 opinions
- Brown v. . QuintardNew York Court of Appeals · 1903
- Kurtz v. HibnerIllinois Supreme Court · 1870
- Decker v. DeckerIllinois Supreme Court · 1887
- Grimes' Executors v. HarmonIndiana Supreme Court · 1871
- Reynolds v. . RobinsonNew York Court of Appeals · 1880
54 more not listed; retrieve them via the Exa API.