Ferrer v. . Pyne
New York Court of Appeals
Appeal from order of the General Term of the' Supreme Court, in the first judicial department, reversing, in part, a decree of the surrogate of the county of Hew York, upon the final accounting of the executors of the will of Pedro Ferrer y Lauda, deceased. (Beported below, 18 Hun, 411.) The facts are set forth sufficiently in the opinion. The residuary legatees take fer capita under the will.
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Appeal from order of the General Term of the' Supreme Court, in the first judicial department, reversing, in part, a decree of the surrogate of the county of Hew York, upon the final accounting of the executors of the will of Pedro Ferrer y Lauda, deceased. (Beported below, 18 Hun, 411.) The facts are set forth sufficiently in the opinion. The residuary legatees take fer capita under the will. (2 Powell on Devises by Jarman, 331; Lee v. Lee, 39 Barb. 172; Lockhart v. Lockhart, 3 Jones’ Eq. [N. C.] 205; Brown v. Lyon, 6 N. Y. 419, 420; Dowding v. Smith, 3 Beav. 541; Harris v. Philpot, 5 Ired.…
1Opinion of the CourtDanforth, J.
There is a single point in this appeal. It involves the construction of the will of Pedro Ferrer of Landa, and is presented upon the following facts:
The testator was the father of five children, Irene, Isabella, Ana or Anita (who married Don Candido Ainz), Joseph, and Henry. Irene married and died, leaving five children; Isabella married and died, leaving one child. Henry is a physician. The will, among others, contains bequests in these words: “ To my dear daughter Anita, wife of Candido Ainz, the sum of $50,000, to be invested in her name in some good security, she having the benefit of the…
2Cases cited2 opinions
- Collins v. HoxieNew York Court of Chancery · 1841
- Balcom v. HaynesMassachusetts Supreme Judicial Court · 1867
3Cited by75 opinions
- Woodward v. . JamesNew York Court of Appeals · 1889
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1914
- Riggs v. . CraggNew York Court of Appeals · 1882
- In Re the Accounting of KingNew York Court of Appeals · 1910
- Vincent v. . NewhouseNew York Court of Appeals · 1881
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