Delaney v. . Van Aulen
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 11,1880, affirming a judgment in favor of plaintiff, entered on a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 11,1880, affirming a judgment in favor of plaintiff, entered on a decision of the court on trial at Special Term. (Mem. of decision below, 21 Hun, 274.) This action was brought by plaintiff as legatee under the will of Mary S. Kirby, deceased, for a construction of the will, he asking that the provision for him “ be adjudged to be a demonstrative legacy, payable out of the principal of the estate in case of a deficiency of income, and that defendant as trustee under…
1Opinion of the Court
Folger, Ch. J.
The testatrix, by her will, provided, first, for the payment of her debts and funeral expenses, and the purchase of a burial- plot and the erection of a monument. She then made a specific bequest to a cousin of a few chattels .of domestic or social use. Site then devised and bequeathed to her executors, whom she named in her will, and to the survivor of them, all the residue of-her estate, real and personal (she had both), in trust, to receive the rents and profits of the real estate, and to invest and keep invested the personal estate, and to apply those rents and profits, and…
2Cases cited5 opinions
- Pierrepont v. . EdwardsNew York Court of Appeals · 1862
- Craig v. CraigNew York Court of Chancery · 1848
- Giddings v. . SewardNew York Court of Appeals · 1857
- De Nottebeck v. . AstorNew York Court of Appeals · 1855
- Schermerhorne v. SchermerhorneNew York Court of Chancery · 1822
3Cited by49 opinions
- Spencer v. SpencerAppellate Division of the Supreme Court of the State of New York · 1899
- In re ErbNew York Surrogate's Court · 1929
- In Re Trust Under Will of CosgraveSupreme Court of Minnesota · 1948
- Matter of DeweyNew York Court of Appeals · 1897
- State v. UnderwoodWyoming Supreme Court · 1939
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