Bisson v. West Shore Railroad
New York Court of Appeals
Appeals from judgments of the General Term of the Supreme Court in the fifth judicial department, entered upon orders made January 18, 1893, which affirmed final judgments in favor of plaintiffs entered upon reports of a referee, and also appeals from interlocutory judgments in the above entitled actions.
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Appeals from judgments of the General Term of the Supreme Court in the fifth judicial department, entered upon orders made January 18, 1893, which affirmed final judgments in favor of plaintiffs entered upon reports of a referee, and also appeals from interlocutory judgments in the above entitled actions. These were actions for the partition of lands; formerly owned by Louis Wackerman, in Erie county, and which he disposed of by a last will in the following manner, namely: “ To my said wife, Maria Bernhardina Wackerman, I give and bequeath all my real estate that I may die seized with for and…
1Opinion of the CourtGray, J.
In the construction of wills, the court must look for something which will exhibit the intention of the testator either actually, or so suggestively as to permit it to be inferred.
If the instrument is silent as to intention and stands as a mere expression of a will, effect must be given to it according to those rules, which, from long acquiescence, have acquired the force of *129authority. The present seems to be such a case. We are without any indication as to the intentions of the testator in making this disposition of his realty, other than in the particular clause of the will itself.
Therefore,…
2Cases cited5 opinions
- Ferrer v. . PyneNew York Court of Appeals · 1880
- Stevenson v. . LesleyNew York Court of Appeals · 1877
- Collins v. HoxieNew York Court of Chancery · 1841
- Bassett v. GrangerMassachusetts Supreme Judicial Court · 1868
- Murphy v. HarveyNew York Court of Chancery · 1843
3Cited by7 opinions
- Barker v. BarkerAppellate Division of the Supreme Court of the State of New York · 1916
- Grantham v. . JinnetteSupreme Court of North Carolina · 1919
- Seitz v. FavershamAppellate Division of the Supreme Court of the State of New York · 1910
- Eckert v. WilklowNew York Supreme Court · 1899
- Hersee v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1897
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