Chipman v. Montgomery
New York Supreme Court
Appeal from a judgment dismissing the complaint herein, entered upon the trial of this action at the Special Term. This is an action brought to obtain a judicial construction of the will, or wills, of John S. Chipman, deceased. The plaintiffs are some of his heirs at law and next of bin. Some of the plaintiffs are also legatees under the will or wills.
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Appeal from a judgment dismissing the complaint herein, entered upon the trial of this action at the Special Term. This is an action brought to obtain a judicial construction of the will, or wills, of John S. Chipman, deceased. The plaintiffs are some of his heirs at law and next of bin. Some of the plaintiffs are also legatees under the will or wills. The plaintiffs aver that they are in doubt as to the time construction of the wills, and as to the validity of the bequests and devises, and as to the rights of the parties. They pray a judicial construction, and an accounting, and, pending the…
1Opinion of the Court
Learned, P. J.:
By the first will, George 0. Chipman had a legacy of $500; by the second, of $300. By the first will, Charlotte C. Sherman had $200; by the second, $600. George C. Chipman has received $500; Charlotte C., $600. The plaintiffs now claim that these legacies were cumulative. However that may be, I see no right which these parties, as mere pecuniary legatees, have to bring a suit for the construction of the will. They should sue for their respective legacies, or take proceedings before the surrogate to compel the payment. Nor does it seem to me that, as to these legacies, they have…
2Cases cited6 opinions
- Post v. . HoverNew York Court of Appeals · 1865
- Tobias v. . KetchumNew York Court of Appeals · 1865
- Bowers v. SmithNew York Court of Chancery · 1843
- Day v. WashburnSupreme Court of the United States · 1861
- Onderdonk v. MottNew York Supreme Court · 1861
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