Legal Opinion

Lynch v. Pendergast

New York Supreme Court

Decided December 7, 1874PublishedCited by 7 opinions

ACTION to obtain a construction of the last will and codicils of James Lynch, deceased. The facts stated in the complaint were substantially admitted upon the trial. The defendants appeared, and demanded a construction favorable to them respectively.

1Opinion of the CourtHardin, J.

The third provision of the will was so framed as (1,) to convey to the executors $44,000 “in trust to receive the income, issues and profits therefrom (2,) to “pay over the same semi-annually” from.the death of the testator to the plaintiff, the wife of the testator, for her support and her maintenance for and during her natural lifetime; and after the decease of the plaintiff, the wife, the securities, so valued at $44,000, were given and bequeathed, viz. $10,000 to be held by the executors in trust, to pay over the income to the grandson, James L. Pendergast, after the death of the wife, up…

2Cases cited5 opinions

  1. Smith T. v. BellSupreme Court of the United States · 1832
  2. Hawley & King v. JamesNew York Court of Chancery · 1835
  3. Irving v. De KayNew York Court of Chancery · 1842
  4. Trustees of the Theological Seminary of Auburn v. . KelloggNew York Court of Appeals · 1857
  5. Doubleday v. NewtonNew York Supreme Court · 1855

3Cited by7 opinions

  1. Austin v. . OakesNew York Court of Appeals · 1890
  2. In re Probate of the Last Will & Testament of MillerAppellate Division of the Supreme Court of the State of New York · 1896
  3. In re the Estate of BattellNew York Surrogate's Court · 1940
  4. In re the Estate of Van BruntNew York Surrogate's Court · 1936
  5. Fell v. McCreadyAppellate Division of the Supreme Court of the State of New York · 1932

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