Isenhart v. Brown
New York Court of Chancery
The question in this cause arose upon rights which Elizabeth Brown claimed under the will of her deceased husband, Gilbert Brown. This Gilbert Brown, by his will and codicil thereto, made certain specific bequests of personal property to his said wife, Elizabeth, absolutely. He also devised certain parcels of his real estate to her for life, subject to the powers given therein to his executors.
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The question in this cause arose upon rights which Elizabeth Brown claimed under the will of her deceased husband, Gilbert Brown. This Gilbert Brown, by his will and codicil thereto, made certain specific bequests of personal property to his said wife, Elizabeth, absolutely. He also devised certain parcels of his real estate to her for life, subject to the powers given therein to his executors. Then he gave one half of all the residue of his personal estate to his executors, in trust, to convert the same into money and place it out at interest on bond and mortgage; and if the half of the said…
1Opinion of the Court
The VicE-CnANCELLbR.
This case appears not to call for the application of the ordinary rules of law, in regard to the abatement of general or specific legacies in the event of a deficiency of personal estate to discharge the debts and satisfy all the legacies given by the will; at least, so far as the widow is concerned. Whether she be regarded as a specific or a pecuniary legatee, her case forms an exception to the general rule in relation to abatement; and is governed by different principles.
The legacies given to her by this will are partly specific and partly pecuniary ; and they constitute…
2Cited by24 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Farnum v. BascomMassachusetts Supreme Judicial Court · 1877
- In re the Judicial Settlement of the Account of TailerAppellate Division of the Supreme Court of the State of New York · 1911
- Rowe v. LansingNew York Supreme Court · 1889
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