Legal Opinion
Wellbrook v. Otten
New York Supreme Court
Decided July 15, 1901PublishedCited by 3 opinions
Action for the construction of a will and codicil.
1Opinion of the CourtRussell, J.
The payment of the legacies of $15,000 and $8,000 to the plaintiff and John Hnlseberg is resisted by the relatives of the deceased wife of the testator, Cónrad Hnlseberg, except so far as the personalty paid about two-fifths of each. For full payment a resort to the realty becomes necessary. The extrinsic circumstances furnish the evidence that these legacies are largely ineffective unless the intention of the testator was to charge them upon the realty. The court must, therefore, be guided in the construction of the will by its intrinsic expression and extrinsic application.
The first two…
2Cases cited8 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- McCorn v. . McCornNew York Court of Appeals · 1885
- Morris v. . SicklyNew York Court of Appeals · 1892
- Hoyt v. . HoytNew York Court of Appeals · 1881
- Briggs v. . CarrollNew York Court of Appeals · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re the Construction of the Last Will & Testament of MouldNew York Surrogate's Court · 1921
- Freifeld v. MankowskiNew York Supreme Court · 1902
- In re the Judicial Settlement of the Account of Proceedings of ArmenyNew York Surrogate's Court · 1923