In re the Judicial Settlement of the Accounts of Piffard
New York Supreme Court
Appeal from a portion of a decree of the Surrogate’s Court of Livingston county. By his will, under date of July 24,1876, David Piffard directed his executors to sell all his property, real and personal, and after the payment of his debts and funeral expenses he gave and bequeathed one-fifth of the remaining proceeds to his daughter, Sarah Eyre Piffard.
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Appeal from a portion of a decree of the Surrogate’s Court of Livingston county. By his will, under date of July 24,1876, David Piffard directed his executors to sell all his property, real and personal, and after the payment of his debts and funeral expenses he gave and bequeathed one-fifth of the remaining proceeds to his daughter, Sarah Eyre Piffard. By a codicil of the date of April 24,1878, he made some change in the executors named in his will, which he confirmed in every respect not modified by the codicil, and added : “ I do hereby direct that my said daughters, Sarah Eyre Piffard and…
1Opinion of the Court
Bradley, J.:
The question presented is whether the legatees of the will of Sara.li Eyre Piffard are entitled to the one-fifth part of the estate of David Piffard, deceased, by virtue of the power of appointment and direction given by his will.
If their right depended upon a mere power given by his will, without any other supporting provisions, and the execution of it by her will, there might be some difficulty in supporting their claim in view of the provisions of her will, and of the fact of her decease prior to that of the donor of the power. (Jones v. Southall, 32 Beav., 31.) And a like…
2Cases cited6 opinions
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Brown v. . ClarkNew York Court of Appeals · 1879
- Vernon v. . VernonNew York Court of Appeals · 1873
- White v. . HicksNew York Court of Appeals · 1865
- Hutton v. . BenkardNew York Court of Appeals · 1883
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