In Re Proving the Last Will & Testament of Vowers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 11, 1887, which affirmed a decree of the surrogate of Warren county herein. The question presented was simply as to the construction of a clause in the will of the testator, which is set forth in the opinion. The language of the will will be understood in its ordinary signification, unless it appears to be .used in some other sense.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 11, 1887, which affirmed a decree of the surrogate of Warren county herein. The question presented was simply as to the construction of a clause in the will of the testator, which is set forth in the opinion. The language of the will will be understood in its ordinary signification, unless it appears to be .used in some other sense. (Christie v. Phyfe, 19 N. Y. 348; Stinson v. Vroman, 99 id. 80; Wager v. Wager, 96 id. 167; Schouler on Wills, §§ 466-474; 2 Wms. on…
1Opinion of the CourtFinch, J.
The question of construction raised by the language of the testator in framing the provision for his wife is-of a character so unusual that we can find no precise parallel or precedent in the courts of our own state. The case is one of a legacy by implication; that is, created, not by a direct or express gift, but inferred from language which shows an intention to give the legacy, and can have no other reasonable explanation. Instances of such legacies are not uncommon in the English reports, and a reference to some of them will disclose their general character and the rule of solution…
2Cases cited1 opinion
- Marsh v. HagueNew York Court of Chancery · 1831
3Cited by36 opinions
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- Dreyer v. . ReismanNew York Court of Appeals · 1911
- In re the Estate of CurleyNew York Surrogate's Court · 1934
- Hancock v. MaynardIndiana Court of Appeals · 1920
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