Ward v. . Ward
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon order made the first Monday of January, 1886, which affirmed, so far as appealed from, judgment entered upon a decision of the court on trial at Special Term. This action was brought for the purpose of obtaining the direction of the court in regard to certain questions arising on the will of Mortimer Ward, deceased, and a codicil thereto.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon order made the first Monday of January, 1886, which affirmed, so far as appealed from, judgment entered upon a decision of the court on trial at Special Term. This action was brought for the purpose of obtaining the direction of the court in regard to certain questions arising on the will of Mortimer Ward, deceased, and a codicil thereto. The plaintiff is his widow and the executrix of the will. The defendants are De Witt Clinton Ward, executor and brother of the deceased, Walter…
1Opinion of the CourtDanforth, J.
The testator died in August, 1884, leaving a, will and codicil, which were duly admitted to probate, as a will of real and personal estate. These, under established rules, are to be taken as one instrument and construed together as. expressing the intent of the testator. If in one, therefore, the omission of certain technical words gives color to the contention of the appellant that no express trust is created, the other declares the design of the testator that the executor and executrix shall take the residuary estate for the object declared and set forth in the will, and it is sufficient if…
2Cases cited5 opinions
- Morse v. . MorseNew York Court of Appeals · 1881
- Monarque v. . MonarqueNew York Court of Appeals · 1880
- Tobias v. . KetchumNew York Court of Appeals · 1865
- Knox v. . JonesNew York Court of Appeals · 1872
- Wells v. . WellsNew York Court of Appeals · 1882
3Cited by55 opinions
- Anderson v. WilsonSupreme Court of the United States · 1933
- Matter of TrevorNew York Court of Appeals · 1924
- Cross v. United States Trust Co.New York Court of Appeals · 1892
- Underwood v. . CurtisNew York Court of Appeals · 1891
- Mee v. . GordonNew York Court of Appeals · 1907
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