In Re the Final Judicial Settlement of the Accounts of Executors of the Last Will & Testament of McClure
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made April 4,1892, which reversed a judgment entered upon a decree of the surrogate of Albany county, made upon a final settlement of the accounts of the executors of James McClure, deceased, holding that his will vested in his widow an estate in fee in his real and personal property. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made April 4,1892, which reversed a judgment entered upon a decree of the surrogate of Albany county, made upon a final settlement of the accounts of the executors of James McClure, deceased, holding that his will vested in his widow an estate in fee in his real and personal property. The facts, so far as material, are stated in the opinion. The power of the surrogate to construe the provisions of the will, so far as may he necessary to enable him to make a proper decree for…
1Opinion of the CourtFinch, J.
The testator’s will gives to Ms widow the whole of his real and personal property either absolutely or for life ; and wMch was his real meaning and intention becomes the single question in the present controversy. The will was written by himself, upon one of the ordinary printed blanks prepared for that purpose, and as far as we know, -without aid or advice from other sources. He was a tinsmith by trade, and had slowly and laboriously amassed a moderate fortune of about ninety-six thousand dollars in real estate and sixty-eight thousand dollars of personal property. 24othing inhishistory or…
2Cases cited2 opinions
- Terry v. . WigginsNew York Court of Appeals · 1872
- Clarke v. . LeuppNew York Court of Appeals · 1882
3Cited by14 opinions
- In Re Peck's EstateSupreme Court of Vermont · 1929
- Warner's Admr. v. BronsonSupreme Court of Vermont · 1908
- In re the Construction of the Last Will & Testament of EckamAppellate Division of the Supreme Court of the State of New York · 1933
- In re the Judicial Settlement of the Account of GriffinNew York Surrogate's Court · 1912
- Place v. BurlingameNew York Supreme Court · 1894
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