King v. Woodhull
New York Court of Chancery
The bill in this cause was filed by the residuary legatees of the late Hannah Woodhull; and its object was to settle the construction of her will in relation to certain legacies, and to to call the executors to an account.
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The bill in this cause was filed by the residuary legatees of the late Hannah Woodhull; and its object was to settle the construction of her will in relation to certain legacies, and to to call the executors to an account. This will was made on the twelfth day of March, one thousand eight hundred and thirty ; and the testatrix died in February following; The first clause of it was in these words : “ I give and bequeath the sum of one thousand dollars for the use and benefit of my unfortunate son, James Woodhull, to be appropriated at the discretion of my executors hereinafter named, whom I…
1Opinion of the Court
The Vice-Chancellor :
The first question to be considered, is : whether, supposing the two bequests of one thousand dollars each to be void in law or incapable of taking effect as specific bequests, the right of the residuary legatees extends to and embraces these sums ? That question, in the present i case, is governed by the rules which apply to gifts of personal J property ; for, so far as real estate is concerned, it is converted into personalty by the direction to the executors to sell and apply the proceeds indiscriminately to the payment of debts and legacies. This operates as a…
2Cases cited1 opinion
- Potter v. ChapinNew York Court of Chancery · 1837
3Cited by28 opinions
- Harrington v. PierWisconsin Supreme Court · 1900
- Kerr v. . DoughertyNew York Court of Appeals · 1880
- Matter of Accounting of BensonNew York Court of Appeals · 1884
- Riker v. . CornwellNew York Court of Appeals · 1889
- In Re Estate of UphamCalifornia Supreme Court · 1899
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