Le Fevre v. . Toole
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 made December 10,1880, affirming a judgment entered upon the decision of the court on trial at Special Term. This action was brought by plaintiffs, as executors of the will of William S. Toole, to obtain a construction of said will.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made December 10,1880, affirming a judgment entered upon the decision of the court on trial at Special Term. This action was brought by plaintiffs, as executors of the will of William S. Toole, to obtain a construction of said will. The body of the will is as follows : “ After the payment of all my just debts and funeral expenses, I give and bequeath to my sister Jane the annual interest on the sum of $12,000 during her life-time, my executors or executor to invest that…
1Opinion of the Court
Folger, Ch. J.
We think that the testator intended to charge the payment of the legacies upon ins real estate, ■ All things in the will combine to show that intention.
After giving direction to pay his debts and funeral expenses, he gives a series of legacies, which are not unnatural in the objects of them. He then authorizes his executors, after paying debts and funeral expenses, to pay a sum certain to his wife in cash, but to pay it out of the “bequeath” to her. By that word he means that which he has given to her in another part of the will. That which he has thus given to her is the rest…
2Cases cited1 opinion
- Taylor v. . DoddNew York Court of Appeals · 1874
3Cited by9 opinions
- In Re the Accounting of GordenNew York Court of Appeals · 1902
- Hogan v. . KavanaughNew York Court of Appeals · 1893
- Kimbel v. KimbelAppellate Division of the Supreme Court of the State of New York · 1897
- Jacobs v. JacobsWest Virginia Supreme Court · 1926
- McManus v. . McManusNew York Court of Appeals · 1904
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