Lynch v. Pendergast
New York Supreme Court
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
- Smith T. v. BellSupreme Court of the United States · 1832
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Irving v. De KayNew York Court of Chancery · 1842
- Trustees of the Theological Seminary of Auburn v. . KelloggNew York Court of Appeals · 1857
- Doubleday v. NewtonNew York Supreme Court · 1855
3Cited by7 opinions
- Austin v. . OakesNew York Court of Appeals · 1890
- In re Probate of the Last Will & Testament of MillerAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Estate of BattellNew York Surrogate's Court · 1940
- In re the Estate of Van BruntNew York Surrogate's Court · 1936
- Fell v. McCreadyAppellate Division of the Supreme Court of the State of New York · 1932
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