Brush v. Wilkins
New York Court of Chancery
ICHABOD BRUSH, the testator, formerly of Demarara¡ South America, but late of Huntington, in the county of Suffolk, deceased, being seised of real and personal estate here and elsewhere, made his will, duly executed and attested, dated March 6, 1807, by which he directed, (1.) That his plantation, slaves, and effects, in the colony of Demarara, be sold by his executors: (2.) That his executors ■ pay to Miss E. Wilkins, 20,000 dollars, in five annual payments, and in case of…
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ICHABOD BRUSH, the testator, formerly of Demarara¡ South America, but late of Huntington, in the county of Suffolk, deceased, being seised of real and personal estate here and elsewhere, made his will, duly executed and attested, dated March 6, 1807, by which he directed, (1.) That his plantation, slaves, and effects, in the colony of Demarara, be sold by his executors: (2.) That his executors ■ pay to Miss E. Wilkins, 20,000 dollars, in five annual payments, and in case of her death, to her parents: (3.) That they pay to the plaintiff, his sister, 500 dollars, annually, during her life. The…
1Opinion of the Court
The Chancellor.
(1.) The first question arising upon this case is, whetherthe will of the 6th of March, 1807, was revoked by operation of law, by reason of the subsequent marriage of the testator and birth of a son.
I am not apprized that the question has ever arisen and been decided in the Courts of this state; we are, then, to consider it as a case to be governed by the English lav/, as set-, tied at the time of our revolution, or by those general prin-, *510ciples of reason and justice, which have a uniform and universal application.
It had became a settled rule of law and equity, as early as the…
2Cited by36 opinions
- In re the Will of TullerIllinois Supreme Court · 1875
- Coulam v. DoullSupreme Court of the United States · 1890
- Battis v. MontabaWisconsin Supreme Court · 1910
- In re Proving the Last Will & Testament of GaffkenAppellate Division of the Supreme Court of the State of New York · 1921
- Adler v. AdlerWashington Supreme Court · 1909
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