Mullarky v. . Sullivan
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court in the second judicial department, entered upon an order made February 8, 1892, which affirmed a judgment entered upon a decision of the court at Special Term. This action was brought to obtain a construction of the will of James. • Sullivan, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the G-eneral Term of the Supreme Court in the second judicial department, entered upon an order made February 8, 1892, which affirmed a judgment entered upon a decision of the court at Special Term. This action was brought to obtain a construction of the will of James. • Sullivan, deceased. The facts, so far as material, are stated in the opinion. The words “ brothers ” and “ sisters ” must be used in their primary sense, if indeed, they can ever have any other. (Palmer v. Horn, 84 N. Y. 516; Palmer v. Dunham, 125 id. 68.) The rule of interpretation applicable is well…
1Opinion of the CourtO'Brien, J.
This appeal calls for the construction of the will of James Sullivan, who died in the year 1866. The testator provided that all his real estate should be deemed converted into personalty, and then proceeds to make certain specific devises and bequests to his wife and certain of his children, the validity of which are not in question. The residuary estate was devised and bequeathed to his executors in trust to invest and hold the same in equal shares and to apply the income thereof to the use of such of his children as should survive him “ during the life of each of them severally, and upon…
2Cases cited2 opinions
- Vanderzee v. SlingerlandNew York Court of Appeals · 1886
- Matter of Estate of BrownNew York Court of Appeals · 1883
3Cited by48 opinions
- In Re the Accounting of BuechnerNew York Court of Appeals · 1919
- Baer v. HendricksNew York Court of Appeals · 1895
- In re Will of LarkinNew York Court of Appeals · 1961
- In re the Estate of ThallNew York Court of Appeals · 1966
- Lyons v. . OstranderNew York Court of Appeals · 1901
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