Dewitt v. Yates
New York Supreme Court
THIS was an action of debt for a legacy. The cause was . _. t _ tried, at the Saratoga circuit, m September, 1812. Peter Yates, by hfe last will, dated the 15th of August, 1807, bequeathed as fo “Item, I give to my daughter Maria’s children, of,her body, two hundred and fifty pounds; if any of the five children should decease before my decease, or after, the parts of the deceased shall come to the then living; each of them is to have fifty pounds when they come of age, or…
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THIS was an action of debt for a legacy. The cause was . _. t _ tried, at the Saratoga circuit, m September, 1812. Peter Yates, by hfe last will, dated the 15th of August, 1807, bequeathed as fo “Item, I give to my daughter Maria’s children, of,her body, two hundred and fifty pounds; if any of the five children should decease before my decease, or after, the parts of the deceased shall come to the then living; each of them is to have fifty pounds when they come of age, or when they or either of them should marry." In a subsequent part of the will the testator having devised the half of a…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. This is the case of a sum of money given twice in the same instrument to the same legatee. The general rule, on this subject, from a review of the numerous cases, appears evidently to be, that where the sum is repeated, in the same writing, the legatee can take only one of the sums bequeathed. The latter sum is held to' be a substitution, and they are not taken cumulatively, unless there be some evident intention that they should be so considered, and it lays with the legatee to show that intention and rebut the contrary presumption. But where…
2Cited by18 opinions
- Second National, C., Co. v. BordenNew Jersey Court of Chancery · 1933
- Southgate v. Continental Trust Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Southgate v. Continental Trust Co.New York Supreme Court · 1901
- In re the Construction of the Will of MillerNew York Surrogate's Court · 1951
- Dickinson v. OvertonNew Jersey Court of Chancery · 1896
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