Banks v. Phelan
New York Supreme Court
In Equitt. The bill in this cause was filed by the executors of Eliza McCarthy, late of the city of New-York, deceased, against the heirs, devisees, and next of kin of the decedent, for a construction of the last will and testament of the testatrix. The will was executed on the 5th of January, 1842, and the testatrix died on the 8th of July thereafter.
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In Equitt. The bill in this cause was filed by the executors of Eliza McCarthy, late of the city of New-York, deceased, against the heirs, devisees, and next of kin of the decedent, for a construction of the last will and testament of the testatrix. The will was executed on the 5th of January, 1842, and the testatrix died on the 8th of July thereafter. The will contained the following provisions: “ Second, I hereby order and direct, that my said executors shall dispose of all the property and estate of which I may be possessed, or to which I may be entitled at the time of my decease, as…
1Opinion of the CourtEdwards, J.
The first question which arises upon the construction of the will is, whether the legacy of $6000 given to Mrs. Hawn and her heirs, lapsed by her death before the decease of the testatrix. This question was argued before the former vice chancellor of the first circuit, upon a demurrer to a bill filed by the heirs of Mrs. Hawn, against the complainants in this suit, and it was held by him, that the language of the will showed that it was the intention of the testatrix that the legacy should go to the heirs of Mrs. Hawn in case she died before the testatrix, and he made a decree accordingly.…
2Cases cited3 opinions
- Coster v. LorillardCourt for the Trial of Impeachments and Correction of Errors · 1835
- Potter v. ChapinNew York Court of Chancery · 1837
- King v. WoodhullNew York Court of Chancery · 1837
3Cited by18 opinions
- Matter of Accounting of BensonNew York Court of Appeals · 1884
- Owens v. . the Missionary Society of the M.E. ChurchNew York Court of Appeals · 1856
- Betts v. BettsNew York Supreme Court · 1878
- Jackson v. WesterfieldNew York Supreme Court · 1881
- Tallman v. TallmanThe Superior Court of the City of New York and Buffalo · 1893
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