De Nottebeck v. . Astor
New York Court of Appeals
Action in the supreme court by Mr. De Nottebeck and wife against the executors of the will of John Jacob Astor to enforce payment of a legacy. The question was whether the amount of the legacy to Mrs. De Nottebeck was $100,000 or one-sixth of that sum. .Mrs. De Nottebeck was one of the six children of Dorothea Langdon, a daughter of Mr. Astor.
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Action in the supreme court by Mr. De Nottebeck and wife against the executors of the will of John Jacob Astor to enforce payment of a legacy. The question was whether the amount of the legacy to Mrs. De Nottebeck was $100,000 or one-sixth of that sum. .Mrs. De Nottebeck was one of the six children of Dorothea Langdon, a daughter of Mr. Astor. In 1836 Mr. Astor made his will, by which, after various devises and bequests, among which were devises of real estate to each of the children of Mrs. Langdon, and bequests to others of sundry public stocks, he gave to each of the children of Mrs.…
1Opinion of the Court · DenioDenio, J.
The primary words of the bequest under consideration, would give to such of the six children of Mrs Langdon, who are named, as should survive the testator the $100,000 of water stock collectively; and the subsequent language in which their shares are spoken of and directed to be accumulated, would make them tenants in common of that stock. The doubt which exists in the case arises out of the language of the provision respecting the time of payment to the several children. The grammatical [*102 relation of the words “to be paid to each,” is the $100,000 of city stock ; and there is certainly force…
Also in this document: Opinion of the Court · Dean.
2Cases cited1 opinion
- Delaney v. . Van AulenNew York Court of Appeals · 1881
3Cited by5 opinions
- Delaney v. . Van AulenNew York Court of Appeals · 1881
- In Re the Probate of the Will of TurnerNew York Court of Appeals · 1913
- In re the Accounting of BishopNew York Surrogate's Court · 1954
- In re HastingsNew York Surrogate's Court · 1887
- In re the Probate of the Will of TurnerNew York Surrogate's Court · 1913