Murphy v. Harvey
New York Court of Chancery
Bill filed for a construction of the will of Peter Murphy, late of the city of New York, gentleman, deceased; and for a distribution of personal property under it.
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Bill filed for a construction of the will of Peter Murphy, late of the city of New York, gentleman, deceased; and for a distribution of personal property under it. There was but one bequest in the will, which ran in these words: “ Imprim-S' j gjve and bequeath unto my brothers, James and Michael Murphy and sister Margaret and their children, all my estate, real and personal, as well in law as in equity, in possession, remainder or reversion.; and in case of the death of either of them, to their heirs'to be equally divided among them who shall survive and the children and heirs of the…
1Opinion of the Court
The Vice-Chancellor :
“Equality is equity.” Under the will, the two brothers and sisters of the testator, had they survived him, and their children living at his death, would have taken in equal shares per capita; all faring alike in the division and distribution of the property: the word children, as used in this will, being a word of purchase constituting all who answer the description devisees or legatees in their own right. “ Children” is naturally a word of purchase and is not to be construed or converted into a word of limitation, except from necessity in order to carry out the intention…
2Cited by9 opinions
- Bisson v. . W.S.R.R. Co.New York Court of Appeals · 1894
- Myres v. MyresNew York Supreme Court · 1862
- Bisson v. West Shore RailroadNew York Court of Appeals · 1894
- Graves v. GravesNew York Supreme Court · 1889
- Hull v. HullNew York Supreme Court · 1881
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