Giddings v. . Seward
New York Court of Appeals
Appeal from the Supreme Court. The action was brought to foreclose a mortgage. On the trial, before a referee, the plaintiff proved that Maria M. Seward married the plaintiff in December, 1851, and died in April, 1853, leaving a will, the material part of which is: “I give and bequeath unto my beloved mother, Antha Seward, the sum of twelve hundred dollars and interest on the same, con-tamed in a bond and mortgage given to me by Orren W. Seward and Caroline his wife, and…
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Appeal from the Supreme Court. The action was brought to foreclose a mortgage. On the trial, before a referee, the plaintiff proved that Maria M. Seward married the plaintiff in December, 1851, and died in April, 1853, leaving a will, the material part of which is: “I give and bequeath unto my beloved mother, Antha Seward, the sum of twelve hundred dollars and interest on the same, con-tamed in a bond and mortgage given to me by Orren W. Seward and Caroline his wife, and dated the third day of January, 1847. I give and bequeath unto my beloved mother, Antha Seward, all my household furniture,…
1Opinion of the CourtSelden, J.
There is often great difficulty in determining, in regard to bequests of stocks or other securities having a definite and fixed pecuniary value, whether the testator intended to give the specific security mentioned in the will, or a sum equivalent to the nominal amount of such security. Inasmuch, however, as the legacy, if specific, is lost, in case the subject of it is disposed of by the testator, or is extinguished by payment or otherwise in his lifetime, courts, proceeding upon the presumption that the testator intended a real benefit to the legatee, incline to consider legacies as general…
2Cited by38 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- Crawford v. . McCarthyNew York Court of Appeals · 1899
- Pierrepont v. . EdwardsNew York Court of Appeals · 1862
- Delaney v. . Van AulenNew York Court of Appeals · 1881
- In Re Parker's EstateDistrict Court of Appeal of Florida · 1959
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