Patterson v. Ellis
New York Supreme Court
Appeal from chancery. John Ellis, on the 5th July, 1811, made his last will and testament, whereby, after directing the payment of his debts, and a specific bequest to his wife, of his household furniture, plate, &c. he orders and directs that immediately after his decease, the sum of $20,000 be placed at interest, on bond and mortgage, or invested in bank stock, or the public debt of the United States, or such other securities as his executors should think advisable, such…
Read the full summary
Appeal from chancery. John Ellis, on the 5th July, 1811, made his last will and testament, whereby, after directing the payment of his debts, and a specific bequest to his wife, of his household furniture, plate, &c. he orders and directs that immediately after his decease, the sum of $20,000 be placed at interest, on bond and mortgage, or invested in bank stock, or the public debt of the United States, or such other securities as his executors should think advisable, such securities to be taken in the names of his executors, and that they pay over the interest or income of the $20,000 to his…
1Opinion of the Court
The following opinions were delivered :
By Chief Justice Savage.
The general questions in the case are, 1. Whether the legacy vested in Mrs. Paterson ? and, 2. If so, whether it was or was not divested by her death under age, and without lawful issue 1 Both these questions depend much upon authority. The intention of the testator is always sought for in the construction of wills, and when that intention is ascertained, it will be executed, provided it is consistent with the laws of the land. It must be constantly borne in mind, that from the decisions of courts giving a construction to certain…
2Cases cited4 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Wilkes v. Lion ex dem. EdenCourt for the Trial of Impeachments and Correction of Errors · 1823
- Rathbone v. DyckmanNew York Court of Chancery · 1831
- Lillibridge v. AdieU.S. Circuit Court for the District of Rhode Island · 1817