Legal Opinion

Tayloe v. Gould

New York Supreme Court

Decided February 15, 1851PublishedCited by 15 opinions

In Equity. John D. Dickinson died at the city of Troy on the 28th January, 1841, leaving a large real and personal estate, and leaving a last will and testament which he had duly executed on the 2d of October, 1838. By the first clause of his will the testator directed all his debts to be paid out of his personal estate and the rents and income of his real estate.

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In Equity. John D. Dickinson died at the city of Troy on the 28th January, 1841, leaving a large real and personal estate, and leaving a last will and testament which he had duly executed on the 2d of October, 1838. By the first clause of his will the testator directed all his debts to be paid out of his personal estate and the rents and income of his real estate. By the second clause he devised and bequeathed to his wife Ann Eliza, if living at the time of his death, for and during her natural life, his dwelling house in which he resided, and all the goods, household furniture, plated ware…

1Opinion of the Court

By the Court, Parker, J.

The first question to be determined is, what estate Mrs. Tayloe took under the following language of the will: 11 Fourthly, I do give, devise and bequeath to my beloved daughter Julia Maria, the wife of Benjamin Ogle Tayloe, and such her child or children as shall at her decease be living and shall have attained, or shall thereafter attain the age of twenty-one years, all and singular the rest and residue of my real and personal estate and property of every description .of which I may die seised and possessed, or entitled unto, and *394the reversion and reversions,…

2Cases cited12 opinions

  1. Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
  2. Hawley & King v. JamesNew York Court of Chancery · 1835
  3. Gott v. CookNew York Court of Chancery · 1839
  4. Jackson, ex rel. Dies v. WinneNew York Supreme Court · 1831
  5. Dunham v. OsbornNew York Court of Chancery · 1829

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3Cited by15 opinions

  1. McCartney v. OsburnIllinois Supreme Court · 1886
  2. Allen v. StevensAppellate Division of the Supreme Court of the State of New York · 1898
  3. State v. HolmesMichigan Supreme Court · 1898
  4. Thornton v. ZeaCourt of Appeals of Texas · 1900
  5. Hunt v. HuntMichigan Supreme Court · 1900

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