Pierpont v. . Patrick
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment entered upon the report of a referee. This action was brought to obtain a construction of the last will and testament of Ebenezer Ely, late of Rochester, deceased. Said Ely died on the 25th of March, 1870. His will, after giving certain specific legacies, contained the following clause: “ Fifth.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment entered upon the report of a referee. This action was brought to obtain a construction of the last will and testament of Ebenezer Ely, late of Rochester, deceased. Said Ely died on the 25th of March, 1870. His will, after giving certain specific legacies, contained the following clause: “ Fifth. After all the preceding legacies are paid, I give and bequeath all the remainder of my property, after the charges of settling my estate are deducted, to the children of my late…
1Opinion of the CourtAndrews, J.
The testator by his will, after making certain specific legacies, gave the residue of his property to the children of his deceased brothers John and Seth Ely, and of Ms sister Deborah Sill, one-third part to the cMldren of each family, and directed that any debts owing to Mm by Ms brothers or sister, or their children, should be deducted from the share given to their children respectively, and that the amount due from each of the legatees, and from his or her parents, should be deducted from the proportion so given to him or her respectively. The codicil in terms revokes this provision of the…
2Cited by10 opinions
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
- Hard v. LeurendusNew York Court of Appeals · 1890
- Bloodgood v. . LewisNew York Court of Appeals · 1913
- Austin v. . OakesNew York Court of Appeals · 1890
- Sloane v. . StevensNew York Court of Appeals · 1887
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