Colton v. . Fox
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order reversing a judgment entered upon a decision of the court at Special Term, and giving final judgment. (Reported below, 6 Hun, 49.) The nature of the action and the facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order reversing a judgment entered upon a decision of the court at Special Term, and giving final judgment. (Reported below, 6 Hun, 49.) The nature of the action and the facts appear sufficiently in the opinion. Any construction of doubtful or apparently inconsistent clauses which will be in harmony with the general scheme of a will is resorted to, and availed of, to preserve its dispositions. (Roper on Legacies, 1460, 1461; Sherratt v. Bentley, 2 M. & R., 149; Smith v. Pybus, 9…
1Opinion of the Court
Church, Oh. J.
This action is brought to obtain a construction of the eighth clause of the will of Beuben Parsons, which is as follows :
“Eighth. I give, and devise, and bequeath all the rest, residue and remainder of my estate, both real and personal. to my executors hereinafter named, or the survivors or survivor of them, upon the following trusts, namely: To pay the income, rents, issues and profits thereof to my brothers Roswell Parsons and William Parsons, and to my sisters Fidelia Marcy and Raney Charles, equally, share and share alike during the joint lives of my said brothers and…
2Cited by19 opinions
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Hobson v. . HaleNew York Court of Appeals · 1884
- Schermerhorn v. . CottingNew York Court of Appeals · 1892
- In re the Estate of McCaffertyNew York Surrogate's Court · 1932
- Central Trust Co. v. . EglestonNew York Court of Appeals · 1906
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