Bushnell v. . Carpenter
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 20, 1882, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 28 Hun, 19.) This action was brought by plaintiff, as administrator of the estate of Ellen O. Bushnell, deceased, to recover a legacy given to her by the will of Stephen V. Carpenter, deceased.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 20, 1882, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 28 Hun, 19.) This action was brought by plaintiff, as administrator of the estate of Ellen O. Bushnell, deceased, to recover a legacy given to her by the will of Stephen V. Carpenter, deceased. Carpenter died in February, 1864, leaving a will executed in July, 1863, of the material clauses of which the following is a copy: “…
1Opinion of the CourtDanforth, J.
It is well settled that a mere postponement of the time of payment will not make a legacy contingent, and here is nothing more. “ I give,” says the testator, “ I give and bequeath to the two children now living of my daughter Ann Maria, the sum of $1,000 each, to be paid to them respectively as they arrive at the age of twenty-five years.” And since we know that Ellen, whom the plaintiff represents, is one of those two children, we may read the will as if the testator said, “I give and bequeath to Ellen the sum of $1,000.” Upon these words appellant makes no argument. They clearly signify a…
2Cases cited3 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Everitt v. . EverittNew York Court of Appeals · 1864
- Loder v. . HatfieldNew York Court of Appeals · 1877
3Cited by21 opinions
- Fell v. McCreadyAppellate Division of the Supreme Court of the State of New York · 1932
- Williams v. WilliamsCalifornia Supreme Court · 1887
- Redfield v. . RedfieldNew York Court of Appeals · 1891
- In re the Accounting of GravesNew York Surrogate's Court · 1949
- In re Brooklyn Trust Co.New York Surrogate's Court · 1925
16 more not listed; retrieve them via the Exa API.