In Re the Will of Miller
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, and from the judgment entered thereon December 22, 1896, reversing a decree of the Surrogate’s Court of Saratoga county, construing the will of Benjamin F. Miller, deceased, on proceedings for the probate thereof. The deceased, a young man of twenty-six years of age, by his last will and testament, provided,' “First.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, and from the judgment entered thereon December 22, 1896, reversing a decree of the Surrogate’s Court of Saratoga county, construing the will of Benjamin F. Miller, deceased, on proceedings for the probate thereof. The deceased, a young man of twenty-six years of age, by his last will and testament, provided,' “First. After all my lawful debts are paid, I give, devise and bequeath all of my estate, both real and personal, to my daughter, Lucy Schallehn Miller, to her and her heirs and assigns…
1Opinion of the CourtGray, J.
I think the case was well decided at the Appellate Division. As I understand the argument of the appellants, it is that the testator had already made an absolute gift of all of his property, by the will, and that the later clause in the instrument, which seemed to limit the estate upon a condition, was too ambiguous and, therefore, was ineffectual to accomplish that result; within that general rule, in the construction of wills, that the cutting down, or the lessening, of an estate already given cannot be done except by words as clear and unambiguous as were the words of the gift. Then the…
2Cases cited2 opinions
- Vanderzee v. SlingerlandNew York Court of Appeals · 1886
- McLean v. . FreemanNew York Court of Appeals · 1877
3Cited by8 opinions
- Williams v. . JonesNew York Court of Appeals · 1901
- Faison v. . MiddletonSupreme Court of North Carolina · 1916
- In re the Estate of HardieNew York Surrogate's Court · 1941
- Farney v. WeirichNew York Supreme Court · 1906
- In re the Estate of CoughlinNew York Surrogate's Court · 1933
3 more not listed; retrieve them via the Exa API.