Smith v. Smith
New York Court of Chancery
This was an appeal by N. Smith, and wife, and by Barker and Carpenter, two of the executors of C. Thomas, from the decree of the vice chancellor of the first circuit. The facts in the case and the reasons for the decree of the vice chancellor are stated in his opinion as reported in 1 Edward?s CL ■ Rep. 189.
1Opinion of the Court
The Chancellor.
A mere misdescription of the legatee does not render a legacy void, unless the ambiguity is such that it is impossible to ascertain, either from the will itself, of from proof dehors the will, who was intended as the object of the testator’s bounty. For the reasons stated by the vice chancellor, I think he was correct in the conclusion at which he arrived, that Mary Smith, the wife of Abraham Smith, the complainant in this suit, was the legatee intended by the testatrix. And the complainants, having been compelled to come into this court to obtain payment of the legacy, were…
2Cited by18 opinions
- Woman's Union Missionary Society of America v. MeadIllinois Supreme Court · 1890
- Downing v. . MarshallNew York Court of Appeals · 1867
- Betts v. BettsNew York Supreme Court · 1878
- St. Luke's Home v. . Ass'n for Indigent FemalesNew York Court of Appeals · 1873
- Connolly v. PardonNew York Court of Chancery · 1828
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