Doubleday v. Newton
New York Supreme Court
THIS was an action originally commenced in the county court of Washington county, for the partition of two farms. The parties claimed under the will of Thomas Bradshaw deceased. The will hore date November 30,1826, and contained ten clauses, with a codicil annexed, dated January 28, 1831. The only parts of the will material in the consideration of this case are the 6th, 7th and 8th clauses.
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THIS was an action originally commenced in the county court of Washington county, for the partition of two farms. The parties claimed under the will of Thomas Bradshaw deceased. The will hore date November 30,1826, and contained ten clauses, with a codicil annexed, dated January 28, 1831. The only parts of the will material in the consideration of this case are the 6th, 7th and 8th clauses. They are as follows: “Sixth.' I give and bequeath all the rest and residue of my real and personal estate, after payment of my debts, wherever the same may be situated, to the children of my said daughters…
1Opinion of the CourtJames, J.
The will under consideration was made and executed before the revised statutes, but the codicil was made, and the death of the testator took place subsequently; so that the will must be construed according to the law as it stands since those statutes took effect. (Depeyster v. Clendining, 8 Paige, 295. 26 Wend. 21.) Again; courts are bound so to construe a will as to make it legal and valid if possible, and consequently to reject a construction which would render it void, unless otherwise required by strict necessity. (Mason v. Jones, 2 Barb. 230. Butler v. Butler, 3 Barb. Ch. 304.) In order…
2Cases cited9 opinions
- Coster v. LorillardCourt for the Trial of Impeachments and Correction of Errors · 1835
- De Peyster v. ClendiningNew York Court of Chancery · 1840
- Dingley v. DingleyMassachusetts Supreme Judicial Court · 1809
- Jenkins v. FreyerNew York Court of Chancery · 1833
- Converse v. KelloggNew York Supreme Court · 1850
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3Cited by2 opinions
- St. John v. Andrews Institute for GirlsAppellate Division of the Supreme Court of the State of New York · 1907
- Lynch v. PendergastNew York Supreme Court · 1874