Vernon v. . Vernon
New York Court of Appeals
Appeal by all parties from a judgment of the General Term of the Supreme Court in the" second judicial depart-part, modifying a judgment entered upon the report of a referee. This action was brought to obtain a construction of the will of Samuel Vernon, late of Brooklyn, deceased. The testator died September 23,1870, leaving his widow and six infant children him surviving. The plaintiff is his widow, the defendants are the executors and the children.
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Appeal by all parties from a judgment of the General Term of the Supreme Court in the" second judicial depart-part, modifying a judgment entered upon the report of a referee. This action was brought to obtain a construction of the will of Samuel Vernon, late of Brooklyn, deceased. The testator died September 23,1870, leaving his widow and six infant children him surviving. The plaintiff is his widow, the defendants are the executors and the children. The following are the substantial provisions of the will: “I give all my estate, real and personal property, to my trustees and executors…
1Opinion of the CourtAndrews, J.
The testator, by the first clause of his will, gave to his trustees and executors all his real and personal property, upon condition that they should dispose of it “ by the payment of the various sums mentioned, and the general disposition of the property ” as thereinafter directed It was the intention of the testator, indicated by this provision, to vest in the trustees the legal title to ids real and personal property, and it also indicates an intention to make a testamentary and ultimate disposition of his entire estate.
¡But the purpose of the testator to vest in his trustees the legal…
2Cases cited5 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Tobias v. . KetchumNew York Court of Appeals · 1865
- Leggett v. . PerkinsNew York Court of Appeals · 1849
- Bradley v. AmidonNew York Court of Chancery · 1843
3Cited by91 opinions
- Anderson v. WilsonSupreme Court of the United States · 1933
- Morse v. . MorseNew York Court of Appeals · 1881
- Hardenbergh v. RaySupreme Court of the United States · 1894
- Konvalinka v. . SchlegelNew York Court of Appeals · 1887
- Given v. HiltonSupreme Court of the United States · 1877
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