Humphrey v. Winship
New York Supreme Court
Appeal from a judgment, entered upon the decision of the Monroe Special Term, giving a construction to a will of George Tegg, deceased. The will was made 26th of July, 1870. Testator died September 15, 1872, leaving eight children. The appellant was married when the will was made. She lost her husband October 1, 1876. On August 1, 1878, she married again, her present husband.
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Appeal from a judgment, entered upon the decision of the Monroe Special Term, giving a construction to a will of George Tegg, deceased. The will was made 26th of July, 1870. Testator died September 15, 1872, leaving eight children. The appellant was married when the will was made. She lost her husband October 1, 1876. On August 1, 1878, she married again, her present husband. The testator’s widow died October 18, 1880. . The property was to be converted into money, and disposed of by the trustee, at death of the testator’s widow. The will provided among other things that the trustee was, 2d.…
1Opinion of the Court
Hardin, J.:
Full effect should be given to all the language used by the testator, and that construction is preferred, and more reasonable, which gives significance to all the language used.
Respondent’s construction renders useless the words “ in the event of the death of the husband of either of the said two daughters * * he shall pay over * * or transfer * * to her personally.”
Whereas the construction contended for by the appellant impregnates those words with the intent on the part of the testator, that in the event of the death of the husband living at the time the *35will was made, the…
2Cases cited3 opinions
- Gold v. JudsonSupreme Court of Connecticut · 1852
- Quinn v. . HardenbrookNew York Court of Appeals · 1873
- Carter v. HuntNew York Supreme Court · 1863