Executors of Moffat v. Strong
New York Supreme Court
THIS was an action of covenant, brought to recover 250 dolIars, with the interest) on a sealed note, executed by the defendantj to the testator, in his lifetime. The defendant pleaded the weneral jggue.
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THIS was an action of covenant, brought to recover 250 dolIars, with the interest) on a sealed note, executed by the defendantj to the testator, in his lifetime. The defendant pleaded the weneral jggue. The cause was tried at the Orcmge circuit, in Sep° e ® % ? 1 Umber, 1811, before the Chief Justice, and a verdict' was taken for the plaintiffs, by consent, subject to the opinion of the court, on the following case : Moffat, the testator, on the ] 2th October, 1807, made his last , , . ' will and testament, and appointed the plaintiffs his executors. The testator afterwards died, leaving five…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. Whether the plaintiffs are entitled to recover, turns wholly upon the construction to be given to the clause in the will of the testator. After giving certain specific parts of his real and personal *14estate to each of his sons, and directing the remainder of his moveable estate to be divided among his heirs, the testator adds this provision: “ and if any of my sons aforesaid should die 1 7 J J without lawful issue, then let his or their part or parts be divided equally among the survivors, unless it should happen that he or they so dying should…
2Cited by45 opinions
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- Flinn v. DavisSupreme Court of Alabama · 1850
- Mason v. Pate'sSupreme Court of Alabama · 1859
- Hooper v. BradburyMassachusetts Supreme Judicial Court · 1882
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