Prendergast v. Walsh
New Jersey Court of Chancery
The bill in this cause is filed by an executor for instructions. Cecelia Stanton, the testatrix, died on the 22d day of August, 1895. Her will was made on the 16th of April, 1890; in it was the following: “Item. -I give and bequeath unto my beloved sisters, Catherine Walsh, Julia Kerrigan and Mary Eoolan, provided that they are all alive, or to the survivors of them, whatever of my money now on deposit at the Emigrant Bank in Bleecker street, New York, and the Emigrant Bank…
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The bill in this cause is filed by an executor for instructions. Cecelia Stanton, the testatrix, died on the 22d day of August, 1895. Her will was made on the 16th of April, 1890; in it was the following: “Item. -I give and bequeath unto my beloved sisters, Catherine Walsh, Julia Kerrigan and Mary Eoolan, provided that they are all alive, or to the survivors of them, whatever of my money now on deposit at the Emigrant Bank in Bleecker street, New York, and the Emigrant Bank in Chambers street, New York, and in the Bowery Savings Bank, New York, and in the Wall Street Savings Bank in New York,…
1Opinion of the Court
Reed, V. C.
The gift of the money was specific. It was a gift of the money in the several banks at the time the will was made, which should not be otherwise subsequently disposed of by the testatrix. It was, therefore, a bequest of a specific thing. Collins v. Collins, L. R. 12 Eq. 445; Conly v. Greene, Ir. R. 5 Eq. 430; *152Larkin v. Soloman, 3 Lem. (N. Y. Sur.) 270; Towle v. Swasey, 106 Mass. 100.
The important question is, whether the legacy was adeemed by the testatrix, and therefore the thing bequeathed was not in existence at the time of the death of the testatrix.
It is undoubtedly true that…
2Cases cited3 opinions
- Towle v. SwaseyMassachusetts Supreme Judicial Court · 1870
- Mann v. MannNew York Court of Chancery · 1814
- Beck v. McGillisNew York Supreme Court · 1850
3Cited by23 opinions
- Chase National Bank v. DeichmillerNew Jersey Court of Chancery · 1930
- In Re LowNew Jersey Superior Court Appellate Division · 1928
- Willis v. BarrowSupreme Court of Alabama · 1929
- In re the Estate of RubinsteinNew York Surrogate's Court · 1938
- Brown v. SchafferIndiana Court of Appeals · 1969
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