King v. Strong
New York Court of Chancery
This was an appeal by the committee of J. H. Woodhull an idiot, from a decree of the vice chancellor of the first circuit. The bill was filed by the residuary legatees of H. Woodhull, the mother of the idiot, for an account and settlement of the estate of the decedent, and to obtain a judicial construction of her will as to two of the legacies therein mentioned.
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This was an appeal by the committee of J. H. Woodhull an idiot, from a decree of the vice chancellor of the first circuit. The bill was filed by the residuary legatees of H. Woodhull, the mother of the idiot, for an account and settlement of the estate of the decedent, and to obtain a judicial construction of her will as to two of the legacies therein mentioned. The testatrix died subsequent to the revised statutes seized of a considerable real estate and a large personal property, leaving the idiot her only heir at law. By the first clause of her will the testatrix made a bequest of one of…
1Opinion of the Court
The Chancellor.
The legacies in this case were payable out of a mixed fund, consisting of personal property and of the proceeds of real estate. It is settled that a general residuary bequest of personal property, or of chat*98tels real, carries to the residuary legatees not only such estate and such interests therein as the testator did not attempt to dispose of by other provisions of his will, but every part of his property which, by lapse or otherwise, is not effectually bequeathed and disposed of to- others. And it is equally well settled that the personal estate of the testator, unless it is…
2Cited by19 opinions
- In Re Estate of UphamCalifornia Supreme Court · 1899
- Buckley v. BuckleyNew York Supreme Court · 1850
- Prison Ass'n v. Russell's AdministratorSupreme Court of Virginia · 1905
- In Re the Judicial Settlement of the Account of CrossmanNew York Court of Appeals · 1889
- Kimball v. CrockerSupreme Judicial Court of Maine · 1865
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