Clark v. Kingsley
New York Supreme Court
Appeal from a judgment, entered upon the trial of this action by the court without a jury. In November or December, 1819, Sarah Gibson executed a will by which she bequeathed $1,000 to Henry L. Kingsley. April 1, 1880, Mrs. Gibson loaned Thomas W. Shapley $400, for which he gave his note, payable to Henry L. Kingsley or bearer. The note was handed to Mrs. Gibson, who immediately handed it to Kingsley, to whom it was paid April 1, 1881, with the assent of Mrs. Gibson.
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Appeal from a judgment, entered upon the trial of this action by the court without a jury. In November or December, 1819, Sarah Gibson executed a will by which she bequeathed $1,000 to Henry L. Kingsley. April 1, 1880, Mrs. Gibson loaned Thomas W. Shapley $400, for which he gave his note, payable to Henry L. Kingsley or bearer. The note was handed to Mrs. Gibson, who immediately handed it to Kingsley, to whom it was paid April 1, 1881, with the assent of Mrs. Gibson. May 20,1881, Mrs. Gibson executed a second and last will, by which she bequeathed $1,000 to said Kingsley. February 27,1882,…
1Opinion of the Court
Eollett, J.:
Advancements cannot be equalized upon the final distribution of estates, except in cases of total or partial intestacy. (Thompson v. Carmichael, 3 Sandf. Ch., 120; 4 Kent’s Com., 418, 419; Will. Ex., 401; Day. Sur. [3d ed.], 563; 2 Will. Ex. [6th Am. ed], 1608; and Hays v. Hibbard, 3 Redf., 28; Redfield on Sur. [2d ed.], 569.) When a testator, after the execution of a will, advances money toa legatee, it may be shown by oral evidence that it was intended as a satisfactian, in whole or in part, of the legacy. But if the will is silent on the subject of advancements, it cannot be…
2Cases cited4 opinions
- Simmons v. SimmonsNew York Supreme Court · 1857
- Zeiter v. ZeiterSupreme Court of Pennsylvania · 1835
- Hays v. HibbardNew York Surrogate's Court · 1877
- Camp v. CampNew York Surrogate's Court · 1876