Gragg v. Gragg
New York Supreme Court
Action in partition. One Amby Gragg died in the year 1883, leaving him surviving a widow and various brothers and sisters. The plaintiff is the only son of Charles Gragg, one of these brothers, who died in 1900. The rights of the plaintiff depend upon the construction to be given to the will of Amby Gragg. Its material clauses are as follows: “First.
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Action in partition. One Amby Gragg died in the year 1883, leaving him surviving a widow and various brothers and sisters. The plaintiff is the only son of Charles Gragg, one of these brothers, who died in 1900. The rights of the plaintiff depend upon the construction to be given to the will of Amby Gragg. Its material clauses are as follows: “First. I give and bequeath to my beloved adopted 'daughter, Nellie, the sum of One Thousand Dollars ($1,000.00) payment to be made as follows (after my decease): The full amount of One Thousand Dollars ($1,000.00) ten years from my decease, with…
1Opinion of the CourtAndrews, J.
Where by the terms of a will a devise or bequest is made to A., followed by a second provision that in case of the death of A., without issue, the property devised or bequeathed shall go to B., the “ death without issue ” referred to is death during the lifetime of the testator. This rule yields, however, if there are facts and circumstances which reasonably and fairly show a different intention.
Such facts and circumstances exist in the present case. Although by the second clause of his will Mr. Gragg be*200queathed and devised absolutely the residue of his estate to his wife, Emma, by the fourth…
2Cases cited7 opinions
- Murdock v. . WatermanNew York Court of Appeals · 1895
- Nodine v. GreenfieldNew York Court of Chancery · 1839
- Brevoort v. . BrevoortNew York Court of Appeals · 1877
- Ætna Life Insurance v. McNeelyIllinois Supreme Court · 1897
- Towner v. TooleyNew York Supreme Court · 1860
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