Warner v. . Durant
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon a case submitted under section 1279 of the Code of Civil Procedure. (Reported below, 15 Hun, 450.) The question submitted was as to whether, under the will of Clark Durant, defendant’s testator, who died in February, 1873, a legacy vested in Oliver Blush, plaintiffs intestate, upon the death of said testator.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon a case submitted under section 1279 of the Code of Civil Procedure. (Reported below, 15 Hun, 450.) The question submitted was as to whether, under the will of Clark Durant, defendant’s testator, who died in February, 1873, a legacy vested in Oliver Blush, plaintiffs intestate, upon the death of said testator. The clause of the will in question is as follows : “ Thirtieth. I give, devise and bequeath to my said executors, their heirs and assigns, in trust, two hundred and seventy-five…
1Opinion of the CourtFolger, J.
This case presents the question, whether a legacy became vested in the legatee in his life-time, though he died before the time fixed for the payment.
It is a general principle, that where the gift is absolute, and the time of payment only, postponed ; time, not being of the substance of the • gift, but relating only to the payment, does not suspend the. gift, but merely defers the payment.
This principle will not act in this case to vest the legacy; for the gift was not, in the outset, to the legatee; and another rule is to be noticed. It is this: Where there is no gift but by a direction to…
2Cited by116 opinions
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Wright v. . WrightNew York Court of Appeals · 1919
- In Re the Appraisal for Taxation of a Portion of the Estate of SeamanNew York Court of Appeals · 1895
- Goebel v. . WolfNew York Court of Appeals · 1889
- Vanderpoel v. . LoewNew York Court of Appeals · 1889
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