In Re the Estate of Bonnet
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 December 19, 1887, which affirmed so much of a decree of the Surrogate’s Court of Westchester county as • adjudged that certain lapsed legacies given by the will of Zalmon Bonnet, deceased, and one adjudged to be void, passed to the residuary legatee. The facts material to the question discussed are sufficiently stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 19, 1887, which affirmed so much of a decree of the Surrogate’s Court of Westchester county as • adjudged that certain lapsed legacies given by the will of Zalmon Bonnet, deceased, and one adjudged to be void, passed to the residuary legatee. The facts material to the question discussed are sufficiently stated in the opinion. The words “ rest, residue,” etc., necessarily presume something before taken, and can only apply to what is left. They exclude the…
1Opinion of the CourtGray, J.
The only question which we are asked to pass upon relates to the effect which is to be given to the eighth, or residuary clause of the will, in this record. That clause reads as follows, viz.: “All the rest, residue and remainder of my estate, after the payment of my just debts, funeral and testamentary expenses, I give and bequeath to the said wardens etc., of St. John’s church and to their successors, to be applied by them as they may deem most beneficial to the prosperity-of the church, * * * ” etc. By the second clause the testator had given a legacy of $5,000 to the wardens of St. John’s…
2Cited by12 opinions
- In Re Estate of UphamCalifornia Supreme Court · 1899
- Boal v. Metropolitan Museum of ArtCourt of Appeals for the Second Circuit · 1924
- First Presbyterian Church v. McKallorAppellate Division of the Supreme Court of the State of New York · 1898
- Webb v. . SweetNew York Court of Appeals · 1907
- Endress v. WilleyAppellate Division of the Supreme Court of the State of New York · 1907
7 more not listed; retrieve them via the Exa API.