Sweet v. . Burnett
New York Court of Appeals
Cross-appeals from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 22, 1892, which modified and affirmed as modified a judgment entered upon a decision of the court on trial at Special Term. This action was brought to obtain a judicial construction of the will of Julia A. Rozell, deceased. The substance of the provisions and facts, so far as material, are stated in the opinion.
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Cross-appeals from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 22, 1892, which modified and affirmed as modified a judgment entered upon a decision of the court on trial at Special Term. This action was brought to obtain a judicial construction of the will of Julia A. Rozell, deceased. The substance of the provisions and facts, so far as material, are stated in the opinion. The primary rule for the interpretation of wills is that the court should endeavor to discover and give effect to the intention of the testator even…
1Opinion of the CourtFinch, J.
The construction of the last will of Julia A. Bozell is involved in this appeal, the question arising between her legatees and her brother as sole heir and next of kin, and respecting mainly the ultimate disposition of a farm devised to the testatrix by her deceased husband. At the date of her death, she owned and possessed, in her own name and right, personal property which consisted of a bond and mortgage against the widow of Ephraim Bozell for five hundred and forty-five dollars, upon which some interest had accrued; a deposit in bank amounting to about five hundred and forty-three…
2Cases cited2 opinions
- In re Estate of MillerCalifornia Supreme Court · 1874
- Smith v. . BurchNew York Court of Appeals · 1883
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- McCabe v. Cary'sSupreme Court of Virginia · 1923
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- Lane v. RaileyCourt of Appeals of Kentucky (pre-1976) · 1939
- In re the Judicial Settlement of the Account of HendricksonAppellate Division of the Supreme Court of the State of New York · 1910
- Pohlman v. PohlmanCourt of Appeals of Kentucky · 1912
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