Bigelow v. Percival
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Julie H. Peroival, individually and as executor and trustee, etc., from parts of a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of New York on the 15th day of October, 1913, upon the decision of the court after a trial at the New York Special Term.
1Opinion of the Court
The following is the opinion delivered at Special Term:
Greenbaum, J.:
The intention of a testator is ordinarily reached from the plain and ordinary import of the language of the will, and “it is only where a word or clause is fairly capable of a double meaning that the effect of either construction * * * is a legitimate consideration.” (Van Nostrand v. Moore, 52 N. Y. 12, 18.) It is also to be borne in mind that although conditions existing at the time of the making of the will may properly be considered in case of ambiguity, “ circumstances occurring long-after the execution of a will could…
2Cases cited3 opinions
- Morris v. . SicklyNew York Court of Appeals · 1892
- Van Nostrand v. . MooreNew York Court of Appeals · 1873
- Humphreys v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1890
3Cited by8 opinions
- In Re Estate of GravesSupreme Court of Kansas · 1969
- In re the Judicial Settlement of the Estate of MillietteNew York Surrogate's Court · 1924
- In re the Intermediate Accounting of WempleAppellate Division of the Supreme Court of the State of New York · 1963
- In re the Accounting of Bankers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1968
- In re the Estate of RothkoNew York Surrogate's Court · 1974
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