In re the Judicial Settlement of the Accounts of Stone
New York Surrogate's Court
Judicial settlement of tbe accounts of the executor, involving the construction of the will of deceased. Helen Torrance died April, 1895, leaving a will bearing date May 20, 1890. She left her surviving sons, William M. Torrance and George R. Torrance, and a grandchild, Helen R. Torrance, a daughter of a deceased son. By her will she gave $5,500' to different religious and charitable objects, also $500' to R. D. Williamson.
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Judicial settlement of tbe accounts of the executor, involving the construction of the will of deceased. Helen Torrance died April, 1895, leaving a will bearing date May 20, 1890. She left her surviving sons, William M. Torrance and George R. Torrance, and a grandchild, Helen R. Torrance, a daughter of a deceased son. By her will she gave $5,500' to different religious and charitable objects, also $500' to R. D. Williamson. She also gave various articles of personal property to various persons. By the 7th clause of her will she provides as follows: “ Should there be any money in the bank to…
1Opinion of the Court
Lansing, S.
The sole controversy in this case is as to the proper construction of the seventh clause of the will, which is' stated above. A narrow and limited construction of the clause, “ Should there be any money in the bank to my credit after the preceding sums have been paid (which amount to $6,000), I give it to the board of ministerial relief,” would render that *463clause entirely inoperative; for neither at the time of making her will nor at her death did she have enough money (strictly such) to her credit in the bank to pay the general legacies, and the result would be that the legacies…
2Cases cited3 opinions
- Vernon v. . VernonNew York Court of Appeals · 1873
- Blanchard v. . N.J. Steamboat Co.New York Court of Appeals · 1874
- Galen v. . BrownNew York Court of Appeals · 1860
3Cited by4 opinions
- McCabe v. Cary'sSupreme Court of Virginia · 1923
- In re the Judicial Settlement of the Account of HendricksonAppellate Division of the Supreme Court of the State of New York · 1910
- Eakin v. KnabeNew York Supreme Court · 1900
- Lyons v. LyonsDistrict Court, N.D. West Virginia · 1915