Mann v. Mann
Court for the Trial of Impeachments and Correction of Errors
DAVID MANN, late of the city of New-York, deceased, by his last will and testament, made and published on or about the 9th of March, 1810, after directing his just debts and funeral expenses to be paid, bequeathed unto his niece, Mary Cornell, 1,000 dollars, to be paid out of his personal estate; he then devised unto his wife, Mary Mann, in fee, the dwelling-house which he then occupied, and six acres of land, situate fronting to the Bowery Road and Broadway, in the eighth…
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DAVID MANN, late of the city of New-York, deceased, by his last will and testament, made and published on or about the 9th of March, 1810, after directing his just debts and funeral expenses to be paid, bequeathed unto his niece, Mary Cornell, 1,000 dollars, to be paid out of his personal estate; he then devised unto his wife, Mary Mann, in fee, the dwelling-house which he then occupied, and six acres of land, situate fronting to the Bowery Road and Broadway, in the eighth ward of the city of N ew-Y orle, together with two other lots, in the said eighth ward, containing an acre ttnd a halt:…
1Opinion of the Court
Thompson, Ch. J.
The decision now to be made does not depend so much upon ascertaining and defining the rules and principles of law involved in the discussion, as in a just and correct application of those rules and principles to the case before us. That the intention of the testator is to be sought after and carried into effect; that such intention is to be collected from the will itself, unaided by any extrinsic evidence, except in the case of a latent ambiguity, or to rebut a resulting trust; and that no parol evidence is admissible to contradict, enlarge, or vary the words of a will, are…
2Cited by28 opinions
- In re the Judicial Settlement of the Account of KelleyAppellate Division of the Supreme Court of the State of New York · 1928
- Arthur v. ArthurNew York Supreme Court · 1850
- In re Estate of GarraudCalifornia Supreme Court · 1868
- Bradley v. BradleySupreme Court of Missouri · 1857
- Moir v. BrownNew York Supreme Court · 1852
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