Richards v. Moore
New York Surrogate's Court
Application for a determination of the validity, construction, and effect of the disposition of decedent’s personal property, as contained in his will, propounded by George G. Moore, one of the executors. The first clause of the will directed the payment of debts and funeral expenses.
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Application for a determination of the validity, construction, and effect of the disposition of decedent’s personal property, as contained in his will, propounded by George G. Moore, one of the executors. The first clause of the will directed the payment of debts and funeral expenses. The second was as follows : “I give, devise, and bequeath to my beloved wife, Eliza Jane Moore, the whole of the income that may be received from both my real and personal property of every kind, and direct that she shall pay, or cause to be paid, out of said income, all taxes, assessments and repairs that may…
1Opinion of the Court
The Surrogate.
The terms of the will are somewhat peculiar and indefinite. By the second clause, there is a bequest to the widow of the whole income of the personal property, after the payment of debts and funeral expenses, with direction that she pay taxes, etc., including the use of furniture, etc., and, after her death, the net income thereof to be equally divided between testator’s son George, and his two daughters, Hannah and Elizabeth, during their lives, when the property is to be divided between his then living grandchildren.
By the next clause, he bequeaths legacies to several of his…
2Cases cited9 opinions
- Coster v. LorillardCourt for the Trial of Impeachments and Correction of Errors · 1835
- Knox v. . JonesNew York Court of Appeals · 1872
- Wood v. WoodNew York Court of Chancery · 1836
- Yates v. YatesNew York Supreme Court · 1850
- Van Schuyver v. . MulfordNew York Court of Appeals · 1875
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3Cited by2 opinions
- Reid v. VoorheesIllinois Supreme Court · 1905
- Phillips v. HeldtIndiana Court of Appeals · 1904