In re Goetz's Will
Appellate Division of the Supreme Court of the State of New York
Appeal from surrogate’s court, New York county. Judicial accounting of Bridget Goetz and others, executors and trustees of the estate of Ignace Goetz, deceased. From a decree interpreting certain portions of the will, Bridget Goetz, as, one of the beneficiaries, appeals.
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Appeal from surrogate’s court, New York county. Judicial accounting of Bridget Goetz and others, executors and trustees of the estate of Ignace Goetz, deceased. From a decree interpreting certain portions of the will, Bridget Goetz, as, one of the beneficiaries, appeals. The appeal is taken from the whole account as filed, but the appellants, state that the, question they wish determined is the interpretation of the will, which has been determined adversely to the widow in the court below. Ignace Goetz duly executed his will on May 28, 1891, at a time when he had a family consisting of Ms…
1Opinion of the CourtHatch, J.
The learned surrogate held, construing the will of the testator, that nothing passed thereunder to the widow by the second clause except the furniture, plate, and household effects of the testator; that the debts in the first clause and the money legacies contained in the third and fourth clauses of the will were charges upon the personalty. It is the construction of these clauses that presents the only question necessary to be determined upon this appeal.
The consideration of a few general principles which are uniformly applied in the construction of wills seems to present a solution of the…
2Cases cited5 opinions
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- Moffett v. . ElmendorfNew York Court of Appeals · 1897
- Thurber v. . ChambersNew York Court of Appeals · 1876
- Stimson v. . VromanNew York Court of Appeals · 1885
- Hoes and Others v. . Van HoesenNew York Court of Appeals · 1847
3Cited by14 opinions
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- Montello Salt Co. v. UtahSupreme Court of the United States · 1911
- Fraser v. BentelCalifornia Supreme Court · 1911
- Kennedy v. Industrial Accident CommissionCalifornia Court of Appeal · 1920
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