Lese v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louis Lese, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 6th day of December, 1901, upon the decision of the court, rendered after a trial at the Hew York Special Term, dismissing the plaintiff’s complaint and directing him to perform the agreement set forth therein and to accept a deed of the premises therein described.
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Appeal by the plaintiff, Louis Lese, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 6th day of December, 1901, upon the decision of the court, rendered after a trial at the Hew York Special Term, dismissing the plaintiff’s complaint and directing him to perform the agreement set forth therein and to accept a deed of the premises therein described. This action is brought for the purpose of recovering a deposit made by the plaintiff with the defendants upon the execution of a contract of the sale by the…
1Opinion of the Court
Hatch, J.:
As no two wills are alike there can be in the nature of the case no fixed rule for the construction of all. Each will must be construed as a de novo instrument, and while it is true that there are some general rules and canons of construction which are fixed and *198certain, the application of which will usually enable courts to arrive at an equitable and just conclusion, yet ultimately the question comes to rest upon the intention of the testator in the particular case, giving force and effect to the will as a whole, and in cases of ambiguity and doubt resort may be had to the…
2Cases cited1 opinion
- In Re the Appraisal Under the Transfer Tax Acts of the Property of KimberlyNew York Court of Appeals · 1896
3Cited by1 opinion
- United States Trust Co. v. WheelerAppellate Division of the Supreme Court of the State of New York · 1902