Christman v. Roesch
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Carl Christman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 14th day of July, 1908, upon the decision of the court, rendered after a trial at the Kings County Special Term, dismissing the complaint on the merits in an action for the construction of a will.
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Appeal by the plaintiff, Carl Christman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 14th day of July, 1908, upon the decision of the court, rendered after a trial at the Kings County Special Term, dismissing the complaint on the merits in an action for the construction of a will. The testatrix made several bequests of specific amounts, aggregating $2,400, including one of $400 to Andrew C. Eoesoh, whom she later named as executor. Immediately following those bequests she used this language, viz.: “ I empower…
1Opinion of the Court
Miller, J.:
Prior to the statute (11 Geo. IV & 1 Will. IV, chap. 40) the undisposed of personal estate of the testator vested in the executor beneficially ; but any expression in the will indicating a contrary intention, for example, one giving the executor a legacy, was seized hold of by the courts of equity to prevent that result. (Farrington v. Knightly, 1 P. Wms. 544; Southcot v. Watson, 3 Atk. 226; Andrew v. Clark, 2 Ves. Sr. 162; Bennet v. Batchelor, 1 Ves. Jr. 63.) In Cradock v. Owen (2 S. & G. 241), decided in 1854, a testatrix gave to two devisees, who were also her executors, all her…
2Cases cited1 opinion
- Forster v. . WinfieldNew York Court of Appeals · 1894
3Cited by15 opinions
- Gilman v. GilmanSupreme Court of Connecticut · 1923
- Thomas v. AndersonCourt of Appeals for the Eighth Circuit · 1917
- In re the Estate of MegrueNew York Surrogate's Court · 1929
- In re the Judicial Settlement of the Account of ArmbrusterNew York Surrogate's Court · 1923
- In re the Estate of VoiceNew York Surrogate's Court · 1963
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