Burnham v. Comfort
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the trial of this action by the court without a jury. In 1863 Oliver Comfort, the father of tbe parties to this action, made bis will, by wbicb he gave a life estate in the houses and lots in controversy to his brother Robert Comfort, and the remainder thereof to the plaintiff. He gave his home, farm and all the rest and residue of his estate, to the defendant and made him one of his executors.
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Appeal from a judgment in favor of the plaintiff, entered upon the trial of this action by the court without a jury. In 1863 Oliver Comfort, the father of tbe parties to this action, made bis will, by wbicb he gave a life estate in the houses and lots in controversy to his brother Robert Comfort, and the remainder thereof to the plaintiff. He gave his home, farm and all the rest and residue of his estate, to the defendant and made him one of his executors. Before making such will the testator had paid to his children, other than the parties hereto, what he and they treated as their share in…
1DissentEollett, J.
The doctrine of advancements relates solely to cases of total or partial intestacy. (Thompson v. Carmichael, 3 Sandf. Ch., 120; Hays v. Hibbard, 3 Redf., 28; Willard on Exrs., 401; Dayton’s Sur. [3d ed.], 563; Redf. Sur. [2d ed.], 569; 2 Will. Exrs. [6th Am. ed.], 1608.) Advancements are equalized solely by virtue of statutes, and the decisions relating to this subject are inapplicable to this case.
In many of the text-books, and in many of the reported cases, the words “ ademption ” and “ satisfaction ” are inaccurately used as synonyms; but they are not, each being descriptive of a distinct…
2Cases cited5 opinions
- Langdon v. . Astor's ExecutorsNew York Court of Appeals · 1857
- Beck v. McGillisNew York Supreme Court · 1850
- Weston v. JohnsonIndiana Supreme Court · 1874
- Langdon v. AstorThe Superior Court of New York City · 1854
- Hays v. HibbardNew York Surrogate's Court · 1877