Leavitt v. . Wolcott
New York Court of Appeals
Appeal from portion of judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 30, 1883, which affirmed a judgment entered upon a decision of the court on trial at Special Term. This action was brought to obtain a construction and a determination as to the validity of certain clauses in the will of Gardiner H. Wolcott, deceased.
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Appeal from portion of judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 30, 1883, which affirmed a judgment entered upon a decision of the court on trial at Special Term. This action was brought to obtain a construction and a determination as to the validity of certain clauses in the will of Gardiner H. Wolcott, deceased. The portions of the will in question and the material facts are set forth in the opinion. The court must determine from the will itself what was the testator’s intention, and then carry that intention into…
1Opinion of the Court
Ruger, Ch. J.
In December, 1880, Gardiner H. Wolcott executed a last will and testament, the clauses of which, for the convenience of reference, will be numbered, and for brevity will be summarized as follows:
First. “ I wish that any property belonging at my death to me be within two years converted into first class bonds and mortgages on New York city property.
Second. “ Out of my estate I hereby authorize my executors herein named to pay the sum of $1,000 to my dear friend Laura W. Leavitt, wife of William E. Leavitt.
Third. “ One-half of the legal interest from my property I wish paid to my…
2Cases cited5 opinions
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
- People Ex Rel. Hatzel v. . HallNew York Court of Appeals · 1880
- Demarest v. . DargNew York Court of Appeals · 1865
- Clemens v. . ClemensNew York Court of Appeals · 1867
3Cited by16 opinions
- Nave v. AdamsSupreme Court of Missouri · 1891
- Hawaiian Commercial & Sugar Co. v. Wailuku Sugar Co.Hawaii Supreme Court · 1902
- Decker v. Union Dime Savings InstitutionAppellate Division of the Supreme Court of the State of New York · 1897
- In re Vedder's WillNew York Surrogate's Court · 1891
- Schoonmaker v. St. Paul Title & Trust Co.Supreme Court of Minnesota · 1922
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