Clay v. Wood
New York Supreme Court
Appeal from special term, New York county. Action by George S. Clay and others against Lucretia M. Wood and others for partition, and, incidentally,, to construe the will of William W. Clay, deceased. The complaint was dismissed, and plaintiffs appeal.
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Appeal from special term, New York county. Action by George S. Clay and others against Lucretia M. Wood and others for partition, and, incidentally,, to construe the will of William W. Clay, deceased. The complaint was dismissed, and plaintiffs appeal. The facts are stated by Mr. Justice PARKER as follows: William W. Clay died on the 21st of October, 1875, leaving a last will dated May 24, 1859. By the said will the testator devised and bequeathed his property as follows: First. He directed his debts and funeral and testamentary expenses to be paid, among which debts was included the mortgage…
1Opinion of the CourtVan Brunt, P. J.
I cannot concur in the conclusion arrived at by Mr. Justice PARKER in this case. It seems clear to me that it was not the intention of the testator to limit the estate which he had given, devised, and bequeathed to his wife in such absolute and'unmistakable terms by anything that was subsequently contained in the will. It seems to me idle to suppose that the testator in one breath should give to his wife all the rest, residue, and remainder of his estate, and to her heirs, executors, administrators, and assigns forever, and then, in the very next sentence, say that she should have only a life…
2Cited by2 opinions
- In re Proving the Last Will & Testament of JonesAppellate Division of the Supreme Court of the State of New York · 1921
- Wood v. WoodCourt of Appeals of Kentucky · 1907