Burt v. Harris
New York Supreme Court
Proceeding by Warren S. Burt and another, as executors of the last will of Mary Gallagher, deceased, against Mary Ann Harris and another, for construction of the will. Will construed.
1Opinion of the CourtKapper, J.
[1, 2] If the construction of the will were the only question before me, I should be inclined to hold that the two bonds and mortgages in suit constituted a specific legacy which passed to Mary Ann Harris under the clause giving to her “the contents of my safe deposit box in the vaults of the Garfield Safe Deposit Company, at Twenty-Third street and Sixth avenue, in the borough of Manhattan, New York City, consisting of jewelry, etc., excepting my savings bank books which are therein.” True, the testatrix subsequently withdrew the bonds and mortgages from this box; but, excepting for the gift…
2Cases cited3 opinions
- In re the Probate of the Last Will & Testament of DelaneyAppellate Division of the Supreme Court of the State of New York · 1909
- Wood v. . MitchamNew York Court of Appeals · 1883
- Andrews v. NicholsAppellate Division of the Supreme Court of the State of New York · 1906