In re Judicial Settlement of the Account of Manning
Appellate Division of the Supreme Court of the State of New York
Appeal by Morgan Arnold Manning, an infant, by Joseph M. Allen, his special guardian, from a decree of the Surrogate’s Court of Kings county, entered in said Surrogate’s Court on the 3d day of November, 1899, settling the account of Sarah Atwater Manning, as sole acting executrix, etc., of Frederick Royal Manning, deceased.
1Opinion of the Court
Goodrich, P. J. :
There are certain well-established principles of the law of wills which must control the disposition of this appeal.
First. Unless the language of a will plainly indicates an intention on the part of the testator to disinherit a child, such child will not be disinherited. It is not enough to say that there is, no indica*409tion of an intention to make the child a beneficiary; the will must disclose the intention to disinherit. In Scott v. Guernsey (48 N. Y. 106), speaking of a devise to the children of the testator’s daughter, it was said (at p. 121) : “ The law favors a…
2Cases cited9 opinions
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Hard v. LeurendusNew York Court of Appeals · 1890
- Stokes v. . WestonNew York Court of Appeals · 1894
- Matter of Estate of BrownNew York Court of Appeals · 1883
- Van Kleeck v. Ministers of the Reformed Dutch ChurchNew York Court of Chancery · 1837
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3Cited by3 opinions
- Marshall v. RussellSupreme Court of Georgia · 1966
- Snyder v. SnyderAppellate Division of the Supreme Court of the State of New York · 1918
- Purcell v. CowartSupreme Court of Georgia · 1974