Matter of Devoe
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 7, 1901, which affirmed an order of Special Term confirming the report of a referee appointed to take proof and report as to the persons entitled to certain trust funds. The facts, so far as material, are stated in the opinions. The principal of the fund in question vested in Edmund M, Devoe at the time of the death of the testatrix.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 7, 1901, which affirmed an order of Special Term confirming the report of a referee appointed to take proof and report as to the persons entitled to certain trust funds. The facts, so far as material, are stated in the opinions. The principal of the fund in question vested in Edmund M, Devoe at the time of the death of the testatrix. (Barker v. Woods, 1 Sandf. Ch. 29; Embury v. Sheldon, 68 N. Y. 227; Nelson v. Russell, 135 N. Y. 137; Byrnes v. Stilwell, 103 N. Y. 453 ;…
1Opinion of the CourtCullen, J.
I concur in the view of Judge O’Brien regarding the difficulties and perplexities which attend the construction of wills. I admit that they proceed largely from the inaccurate use of language in the instruments, but I insist that they are also largely occasioned by the conflicting decisions of the courts. I think a review of the numerous antagonistic decisions cited by Mr. Jarman in his work on Wills makes it apparent that this is a most potent factor in the creation of the difficulties. The trite aphorism that the intention of the testator is to be deemed the polar star in the interpretation…
2Cases cited4 opinions
- Murdock v. . WardNew York Court of Appeals · 1876
- Luce v. . DunhamNew York Court of Appeals · 1877
- Betsinger v. . ChapmanNew York Court of Appeals · 1882
- Platt v. . MickleNew York Court of Appeals · 1893
3Cited by14 opinions
- In Re the Accounting of Irving Trust Co.New York Court of Appeals · 1941
- Brandeis v. AtkinsMassachusetts Supreme Judicial Court · 1910
- Dye v. BattlesCalifornia Court of Appeal · 2001
- In re the Estate of MeahlAppellate Division of the Supreme Court of the State of New York · 1934
- United States Trust Co. v. HoytNew York Supreme Court · 1915
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