Briggs v. . Carroll
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday in October, 1888, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff, as a legatee under the will of William B. Best, deceased, to have his legacy charged upon the real estate. The material facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday in October, 1888, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff, as a legatee under the will of William B. Best, deceased, to have his legacy charged upon the real estate. The material facts are sufficiently stated in the opinion. The legacy to plaintiff is not a charge upon the real estate. (Lupton v. Lupton, 2 Johns. Ch. 614; Myers v. Eddy, 47 Barb.…
1Opinion of the CourtFinch, J.
The testator by his will gave to his wife a legacy of $2,500 to be accepted by her in lieu of dower; to his son Charles $1,500, “to be held and used by his mother as necessity might require for his education; ” and to his grandson, the plaintiff, $500. He directed these legacies to be paid within one year after his death. Their bequest was followed by a residuary clause which reads thus: “ I give and devise all the rest, residue and remainder of my real and personal estate, goods and chattels, of what nature and kind soever, to my four children, viz.: Kate L., C. J., Sarah, and the above…
2Cases cited2 opinions
- McCorn v. . McCornNew York Court of Appeals · 1885
- Brill v. . WrightNew York Court of Appeals · 1889
3Cited by52 opinions
- Ely v. . MegieNew York Court of Appeals · 1916
- Cunningham v. . ParkerNew York Court of Appeals · 1895
- In re McGowanNew York Surrogate's Court · 1929
- In re the Estate of LilienthalNew York Surrogate's Court · 1930
- Ely v. ElyAppellate Division of the Supreme Court of the State of New York · 1914
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