Taylor v. Dodd
New York Supreme Court
Appeal from a judgment entered upon the decision of a justice at special term, giving judicial construction to the provisions of a will and codicil. The testator, Joshua H. Story, died in April, 1871, at Cooperstown, Otsego county, leaving a will and codicil which were duly admitted to prohate by the surrogate of that county. The will contained about twenty-six clauses, besides a codicil containing two clauses.
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Appeal from a judgment entered upon the decision of a justice at special term, giving judicial construction to the provisions of a will and codicil. The testator, Joshua H. Story, died in April, 1871, at Cooperstown, Otsego county, leaving a will and codicil which were duly admitted to prohate by the surrogate of that county. The will contained about twenty-six clauses, besides a codicil containing two clauses. The testator was unmarried, leaving one brother, George Story, one of the executors and one of the plaintiffs, and three sisters, one of whom, Eliza M. Taylor, is also executrix and…
1Opinion of the CourtP. Potteb, J.
In the construction of wills there are a few well-established, uniform rules which apply to all cases, and which are cited in all cases, whatever may be the question at issue, to wit: 1. “ That the intentions of the testator shall always prevail if they are consistent with each other, and conformable to the principles of law.” 2. “ That the language used shall receive its ordinary interpretation, except where some other interpretation is necessarily or clearly indicated.” 3. “ Where words are equivocal that construe-tion shall be given which will preserve consistency, in preference to one…
2Cases cited3 opinions
- Jackson v. RobinsNew York Supreme Court · 1819
- United States v. CrookshankNew York Court of Chancery · 1832
- Potomac Co. v. Union Bank of GeorgetownU.S. Circuit Court for the District of District of Columbia · 1827