Getman v. McMahon
New York Supreme Court
Appeal from a judgment, entered upon tbe trial of this action by ■tbe court without a jury. The action, was brought to obtain a construction of certain portions of the will of the plaintiff’s testator and father. The will contained the following, among other'pro visions: First.
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Appeal from a judgment, entered upon tbe trial of this action by ■tbe court without a jury. The action, was brought to obtain a construction of certain portions of the will of the plaintiff’s testator and father. The will contained the following, among other'pro visions: First. After all my lawful debts are paid and discharged, I give, devise and bequeath to my wife, Lany McMahon, the use, income and occupation of all my real estate whatsoever, for her to have in lieu of dower, for her support and maintenance, and comfort for and during her natural life. * * * * Third. After my wife’s…
1Opinion of the Court
Smith, P. J.:
The principal question is whether the gift of personal property to the wife of the testator, contained in the fifth clause of his will, is a specific legacy. The words are: “ I also further give and bequeath to my wife Lany McMahon the use and control of all my personal property whatsoever on the farm and in the house at the time of my decease and for her to have to use and enjoy the s^me for her comfort and support for and during the time of her natural life.” *533We incline to the opinion that the legacy, being limited to the testator’s property at a particular place, is to be…
2Cases cited4 opinions
- Covenhoven v. ShulerNew York Court of Chancery · 1830
- Walton v. WaltonNew York Court of Chancery · 1823
- Livingston v. . MurrayNew York Court of Appeals · 1877
- Hill v. HillNew York Supreme Court · 1870