Gourley v. Campbell
New York Supreme Court
Appeal from a judgment of the Special Term construing a will and ordering the appointment of a trustee, and directing him to sell certain real estate.
Read the full summary
Appeal from a judgment of the Special Term construing a will and ordering the appointment of a trustee, and directing him to sell certain real estate. The following are the material portions of the will: “ In the first place, I desire, will and determine that my executors, hereinafter named, shall collect all sum and sums of money due to me from any person and- persons whatsoever; that they shall close my store and other business and concerns, and settle the same; that from the proceeds thereof they shall liquidate and pay all •debts, dues and demands owing by me to any person or persons…
1Opinion of the Court
Beady, J.:
The question presented on this appeal was substantially decided in the case of Hays v. Gourley (8 S. C. [1 Hun], 38). The court held in that case, that, as the whole estate was to be turned-into money, the will was to be construed as a will of personal property; and that, under the statute of distributions, the mother took all the property as the next of kin of the deceased children.
This result was predicated of the legal proposition, that the estate vested immediately in the children upon the death of the testator, subject to the trust. It is said by the appellants, that that…
2Cases cited9 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Phelps' v. . PondNew York Court of Appeals · 1861
- Meakings v. . CromwellNew York Court of Appeals · 1851
- Harris v. . ClarkNew York Court of Appeals · 1852
4 more not listed; retrieve them via the Exa API.