McCorn v. . McCorn
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, entered upon an order made July 3, 1883, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 30 Hun, 171.) This action was brought to have a legacy given to the plaintiff by the will of her late husband, Moses McCorn, adjudged to be a charge upon the real estate of which he died seized.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, entered upon an order made July 3, 1883, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 30 Hun, 171.) This action was brought to have a legacy given to the plaintiff by the will of her late husband, Moses McCorn, adjudged to be a charge upon the real estate of which he died seized. The facts so far as material are stated in the opinion. The legacy to the plantiff should not be made a charge upon the real estate of which the testator died…
1Opinion of the CourtFinch, J.
Whether a legacy is charged upon the real estate of the decedent is always a question of the testator’s intention. The language of the will is the basis of the inquiry, but extrinsic circumstances which aid in the interpretation of that language, and help to disclose the actual intention, may also be considered. (Le Fevre v. Toole, 84 N. T. 95 ; Hoyt v. Hoyt, 85 id. 142; Scott v. Stebbins, 91 id. 605.) In this case the testator, by a will exceedingly simple and brief, bequeathed to his wife $1,000 and certain specific articles; to his son Hoses the sum of $400 ; and then added, “ I devise…
2Cited by67 opinions
- Briggs v. . CarrollNew York Court of Appeals · 1889
- Ely v. . MegieNew York Court of Appeals · 1916
- Carley v. . HarperNew York Court of Appeals · 1916
- Reid v. CorriganIllinois Supreme Court · 1892
- In Re the Estate of CrouseNew York Court of Appeals · 1927
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