Sweet v. Chase, & Rockwell
New York Court of Appeals
Benjamin Sweet, administrator, &c. of Elizabeth Sweet, deceased, filed his bill in the late court of chancery, against Ira Chase and Thomas Rockwell, executors of the last will and testament of John Pocock, deceased, to recover a legacy of @400, given by such will to the said Elizabeth.
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Benjamin Sweet, administrator, &c. of Elizabeth Sweet, deceased, filed his bill in the late court of chancery, against Ira Chase and Thomas Rockwell, executors of the last will and testament of John Pocock, deceased, to recover a legacy of @400, given by such will to the said Elizabeth. John Pocock, the testator, died in August, 1841, leaving a' will, whereby he dbected: Firstly, that all his debts and funeral charges should be paid out of his personal estate: Secondly, he gave to his wife Elizabeth, her heirs and assigns, a certain house and lot in the city of Utica: Thirdly, he gave to his…
1Opinion of the CourtRuggles, J.
By the fifth clause of his will the testator gave a legacy to his wife in the following words :
“ I also give and devise unto my said beloved wife, her heirs and assigns for ever, the sum of four hundred dollars, to be paid out of the avails of the sale of my real estate.”
Taking this clause by itself, and without reference to the other parts of the will, the intention of the testator to give his wife the immediate, entire and absolute interest in the sum of money therein mentioned cannot be doubted. But it frequently happens, that the effect of one clause in the will is qualified by another ;…
2Cited by11 opinions
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