Shelters v. Johnson
New York Supreme Court
APPEAL -from a judgment entered on a decision of the court at special term, adjudging that certain legacies given by the will of Amos Dawley were not chargeable upon the real estate of which he died seised. The will, so far as it relates to the disposition of property, is in the following form : . “ First. I give and bequeath to my daughter Almira the sum of two hundred dollars. ■ Second. I give and bequeath to my daughter Sally Eliza the sum of two hundred dollars. Third.
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APPEAL -from a judgment entered on a decision of the court at special term, adjudging that certain legacies given by the will of Amos Dawley were not chargeable upon the real estate of which he died seised. The will, so far as it relates to the disposition of property, is in the following form : . “ First. I give and bequeath to my daughter Almira the sum of two hundred dollars. ■ Second. I give and bequeath to my daughter Sally Eliza the sum of two hundred dollars. Third. I give and bequeath to my son-George the sum of four hundred dollars. Fourth. I give and bequeath to my son Duty M. the…
1Opinion of the CourtDavis, J.
“ The real estate,” says Chancellor Kent, in Lupton v. Lupton, (2 John. Ch. 623,) “ is not as of course charged with the payment of legacies. It is never charged unless the testator intended it should be, and that intention must be either expressly declared or fairly and satisfactorily inferred from the language and disposition of the will.” This intent “ will be effectual when found to exist in any form, because the law seeks only to discover and carry out the purposes of the testator.” (Per Johnson, J., 16 N. Y. Rep. 262.) In ascertaining that intention we are to be governed, so far as…
2Cases cited2 opinions
- Nichols v. PostlethwaiteSupreme Court of the United States · 1791
- Rafferty v. ClarkNew York Surrogate's Court · 1851
3Cited by13 opinions
- Stimson v. . VromanNew York Court of Appeals · 1885
- In re the Estate of LilienthalNew York Surrogate's Court · 1930
- Knotts v. BaileyMississippi Supreme Court · 1876
- Roman Catholic German Church v. WachterNew York Supreme Court · 1863
- Manson v. MansonNew York Supreme Court · 1880
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