Brundage v. Brundage
New York Supreme Court
APPEAL from a judgment of the Special Term in Ontario county giving a construction to the will of Nathan Brundage. Nathan Brundage died on the 22d day of June, 1869, leaving a last will and testament, bearing date the 22d day of May, 1858, together with two codicils, one of which was dated August 2,1858, the other May 23,1860. The will and codicils were duly proved before the surrogate of Ontario county, and letters testamentary were issued to the above named plaintiffs, who…
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APPEAL from a judgment of the Special Term in Ontario county giving a construction to the will of Nathan Brundage. Nathan Brundage died on the 22d day of June, 1869, leaving a last will and testament, bearing date the 22d day of May, 1858, together with two codicils, one of which was dated August 2,1858, the other May 23,1860. The will and codicils were duly proved before the surrogate of Ontario county, and letters testamentary were issued to the above named plaintiffs, who were designated in the will as executors thereof. The testator left surviving him his widow Eliza, and the defendants…
1Opinion of the Court
By the Court, Mullí», P. J.
The Special Term was right in holding that the executors were not entitled to call for a construction of the will as to the validity of *407the devise of the farm to Collar. They have nothing to do with the land. They have no estate in nor control over it.
Bor could the court give a construction to that clause on the application of Charles C. Brundage. It is charged in the complaint that Collar did not support the testator, but the allegation is denied in the answer, and there is no proof on the subject.
If Brundage desired to have the court pass upon that clause it was…
2Cases cited1 opinion
- Spear v. HartThe Superior Court of New York City · 1865
3Cited by2 opinions
- Bright v. LordIndiana Supreme Court · 1875
- Dill v. WisnerNew York Supreme Court · 1880