Lediger v. Canfield
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Calantha B. Canfield and others, from an interlocutory judgment .of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rock-land on the 23d day of June, 1902, upon the decision of the court rendered after a trial at the Rockland Special Term in an action brought to obtain a judicial construction of the will of Julia F. Mansfield, deceased.
1Opinion of the Court
Jenks, J.:
This appeal challenges the decision of the Special Term that the debts of the mother of the testator were charged upon the real estate of the testator. The will provided: “First. I order and direct that all my just debts be paid as soon after my decease as can be conveniently done. Second. After all my just debts shall have been paid I order and direct that all debts of my mother which shall remain unpaid at my death shall he paid out of my estate.” *598The testator then gave a specific legacy to a stepdaughter, a pecuniary legacy of $1,000 to John Gulifield, a servant employed by her…
2Cases cited9 opinions
- Blood v. . KaneNew York Court of Appeals · 1892
- Lupton v. LuptonNew York Court of Chancery · 1817
- In the Matter of Will of FoxNew York Court of Appeals · 1873
- Wright v. Denn Ex Rel. PageSupreme Court of the United States · 1825
- Brill v. . WrightNew York Court of Appeals · 1889
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3Cited by4 opinions
- In re the Estate of LilienthalNew York Surrogate's Court · 1930
- McGoldrick v. BodkinAppellate Division of the Supreme Court of the State of New York · 1910
- In re the Construction of the Last Will & Testament of MouldNew York Surrogate's Court · 1921
- In re Avery's EstateNew York Surrogate's Court · 1904