Colt v. Heard
New York Supreme Court
Appeal from an order of the surrogate of the county of New. York, granting letters of administration, with the will annexed, upon the estate of Catharine Louise Scott, to Eleanor Heard, in her right as administratrix of the estate of Thomas Scott, deceased, and denying the application of Mary Louise Colt, formerly Mary Louise Ledyard, for such letters of administration.
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Appeal from an order of the surrogate of the county of New. York, granting letters of administration, with the will annexed, upon the estate of Catharine Louise Scott, to Eleanor Heard, in her right as administratrix of the estate of Thomas Scott, deceased, and denying the application of Mary Louise Colt, formerly Mary Louise Ledyard, for such letters of administration. Thomas Scott took the entire fee simple by force of the word estate, and the subsequent limitation being repugnant thereto, is void. (Jackson v. Robins, 16 Johns., 53Y; Pinckney v. PincJmey, 1 Bradf., 2Y1; JacJtson v. Bull, 10…
1Opinion of the Court
Daniels, J.:
The propriety of the order appealed from depends upon the construction which should be given to the will of Catharine Louise Scott, so far as it disposed of her residuary estate; and for the purpose of ascertaining what that should be, the third clause of the will alone requires consideration. Beyond that, there is nothing contained in the instrument which will afford any material assistance in the determination of the intention of the testatrix concerning this portion of her estate.
The third clause was expressed by her in the following terms: “ I give and bequeath and give and…
2Cases cited4 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Taggart v. . MurrayNew York Court of Appeals · 1873
- G.R.F., Inc. v. Board of Assessors of NassauNew York Court of Appeals · 1977
- Barnes v. HathawayNew York Supreme Court · 1873