Brill v. . Wright
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 9,1887, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 9,1887, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to compel the payment of a legacy of $2,000 given under the will of Job Seaman, deceased, to Job S. Benjamin, plaintiff’s testator, and in the event of the personal estate being insufficient to have the deficiency charged upon the real estate of which said Seaman died seized and so much thereof sold as should be necessary to…
1Opinion of the CourtAndrews, J.
Where in a "will general legacies are given, followed by a gift of all the rest and residue of the real and personal property of the testator, by a residuary clause in the usual form and nothing more, it must now, we think, be regarded as the established rule in this state that the language of the will alone, unaided by extrinsic circumstances, is insufficient to charge the legacies upon lands included in the residuary devise. This was clearly the opinion of Chancellor Kent in the leading case of Lupton v. Lupton (2 Johns. Ch. 614), as appears by his comment on the case of Brudenell v.…
2Cases cited4 opinions
- Lupton v. LuptonNew York Court of Chancery · 1817
- Hoyt v. . HoytNew York Court of Appeals · 1881
- Matter of City of RochesterNew York Court of Appeals · 1888
- Wiltsie v. . ShawNew York Court of Appeals · 1885
3Cited by59 opinions
- Briggs v. . CarrollNew York Court of Appeals · 1889
- Ely v. . MegieNew York Court of Appeals · 1916
- Hirsch v. BuckiAppellate Division of the Supreme Court of the State of New York · 1914
- Carley v. . HarperNew York Court of Appeals · 1916
- In re the Estate of LilienthalNew York Surrogate's Court · 1930
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