Lawton v. . Corlies
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 29,1890, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This was an action by executors for the construction of a will.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 29,1890, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This was an action by executors for the construction of a will. The testator, Samuel Green, a resident of this state, died December 9, 1889, leaving a last will and testament dated March 25, 1880, and a codicil thereto, dated May 23, 1888. By the first clause of said will, he directed his executors to pay his debts and funeral charges as soon…
1Opinion of the CourtVann, J.
The appellants claim that the testator is presumed to have used the words “ heirs-at-law ” in their strict and prnnary acceptation as descriptio personowum, and that the context, “in accordance with the laws of the state of Sew York,” determines the method of division and indicates an intention that the estate should be divided per stirpes among those who, as his heirs-at-law, would have succeeded to his real estate if he had left any and had died intestate.
The respondents, aside from the executors, who are apparently neutral in this controversy, claim that the testator used the words…
2Cases cited3 opinions
- Woodward v. . JamesNew York Court of Appeals · 1889
- Murdock v. . WardNew York Court of Appeals · 1876
- Luce v. . DunhamNew York Court of Appeals · 1877
3Cited by17 opinions
- Doctor v. . HughesNew York Court of Appeals · 1919
- Armstrong v. GalushaAppellate Division of the Supreme Court of the State of New York · 1899
- Flint v. Wisconsin Trust Co.Wisconsin Supreme Court · 1912
- In re the Estate of BishopNew York Surrogate's Court · 1926
- Jennings v. JenningsCourt of Appeals of Kentucky (pre-1976) · 1945
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