Wager v. . Wager
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made February 5, 1883, which reversed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to obtain a judicial construction of the will of William Wager..
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made February 5, 1883, which reversed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to obtain a judicial construction of the will of William Wager.. The testator left-him surviving the defendant,' Eliza H. Wager, his widow, the plaintiffs, who are his brother and sisters, and the defendants other than Eliza H. Wager, who are his nephews and nieces. The testator’s daughter, Susie E. Wager, died three days before her father.…
1Opinion of the Court
Roger, Ch. J.
The primary rule for the construction of a will, which refers its interpretation, to the intention of the testator, as derived from a consideration of all of its provisions, is invoked by all of the parties to the action, and is undoubtedly that which should be applied in the solution of the questions arising on this appeal. . If, therefore, the 'intent of the testator may be plainly discovered from an examination of the instrument and the comparison of its various provisions, and the thing intended to be effected is not inconsistent with the law, we are furnished with an…
2Cases cited6 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Terry v. . WigginsNew York Court of Appeals · 1872
- Campbell v. . BeaumontNew York Court of Appeals · 1883
- Taggart v. . MurrayNew York Court of Appeals · 1873
- Norris v. . BeyeaNew York Court of Appeals · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Williams v. . JonesNew York Court of Appeals · 1901
- Hardy v. MayhewCalifornia Supreme Court · 1910
- In Re Proving the Will of FordhamNew York Court of Appeals · 1923
- Crozier v. . BrayNew York Court of Appeals · 1890
- Smith v. SmithSupreme Court of Alabama · 1908
39 more not listed; retrieve them via the Exa API.