In re the Judicial Settlement of the Account of Proceedings of Goetz
Appellate Division of the Supreme Court of the State of New York
.Appeal. hy Bridget Goetz and Eliza J. Goetz, individually and-as executors of and trustees under the last will and testament of Ignace Goetz, deceased, from a decree of the Surrogate’s Court of the county of ¡New York, entered in said Surrogate’s Court on the 19 th day of November, 1901, settling the accounts of the executors and trustees under the will of Ignace Goetz, and construing certain provisions of the will of said deceased.
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.Appeal. hy Bridget Goetz and Eliza J. Goetz, individually and-as executors of and trustees under the last will and testament of Ignace Goetz, deceased, from a decree of the Surrogate’s Court of the county of ¡New York, entered in said Surrogate’s Court on the 19 th day of November, 1901, settling the accounts of the executors and trustees under the will of Ignace Goetz, and construing certain provisions of the will of said deceased. The appeal is taken from the whole account as filed, but the appellants state that the question they wish determined is the interpretation of the will which has…
1Opinion of the Court
Hatch, J.:
The learned surrogate held, construing the will of the testator, that nothing passed thereunder to the widow by the 2d clause except the furniture, plate and household effects of the testator; that the debts in the 1st clause and the money legacies contained in the 3d and 4th clauses of the will were charges upon the personalty. It is the construction of these clauses that presents the only question necessary to be' determined upon this appeal.
The consideration of a few general principles which are uniformly applied in the construction of wills seems to present a solution of the…
2Cases cited3 opinions
- Moffett v. . ElmendorfNew York Court of Appeals · 1897
- Stimson v. . VromanNew York Court of Appeals · 1885
- Hoes and Others v. . Van HoesenNew York Court of Appeals · 1847
3Cited by20 opinions
- American Surety Co. of NY v. MarottaSupreme Court of the United States · 1933
- Bartlett Hayward Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1928
- Red Hook Cold Storage Co. v. Department of LaborNew York Court of Appeals · 1945
- Cannon v. NicholasCourt of Appeals for the Tenth Circuit · 1935
- Achelis v. MusgroveSupreme Court of Alabama · 1924
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