Ragan v. Allen
New York Supreme Court
Appeal from a judgment at Special Term dismissing the plaintiff’s complaint, in an action to obtain a construction of a will and the payment of a legacy thereunder. The widow stands in the character of purchaser for a valuable consideration.
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Appeal from a judgment at Special Term dismissing the plaintiff’s complaint, in an action to obtain a construction of a will and the payment of a legacy thereunder. The widow stands in the character of purchaser for a valuable consideration. (1 Jarman, 440; Redfield, 749, § 25; Isenhart v. Brown, 1 Edw., 411; Pollard v. Pollard, 1 Allen, 490; Hubbard v. Hubbard, 6 Mete., 50; Gole v. Hiles, 10 N. Y. S. C. [3 Hun], 326.) The testator intended that the $2,000 should be paid out of real estate if necessary. Both real and personal are blended together. (Kidney v. Coussmalcer, 1 Yesey, Jr., 436;…
1Opinion of the Court
E. Darwin Smith, J.:
The single question presented upon this appeal is, whether the legacy given to the plaintiff in the will of her deceased husband in lieu of dower, and accepted by her, is a charge upon the real estate, the personal estate, after-the payment of the debts of the testator, being insufficient to pay such legacy. The will, after providing for the payment of the testator’s debts, “ gives to the plaintiff, in lieu of dower, the sum of $2,000, to be held by her and for her use, comfort, support and maintenance, to be invested and controlled during the term of her natural life as…
2Cases cited4 opinions
- Lupton v. LuptonNew York Court of Chancery · 1817
- Tract v. TracyNew York Supreme Court · 1852
- Shelters v. JohnsonNew York Supreme Court · 1862
- Roman Catholic German Church v. WachterNew York Supreme Court · 1863