Taggart v. . Murray
New York Court of Appeals
Appeal from order of the General Term of the City Court of Brooklyn, affirming an order of Special Term denying a motion on the part of plaintiffs to compel John F. Kavenagh to take title and pay the purchase-money of a portion of the premises. This was an action of partition. That portion of the premises involved in this motion was formerly owned by Francis Titus.
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Appeal from order of the General Term of the City Court of Brooklyn, affirming an order of Special Term denying a motion on the part of plaintiffs to compel John F. Kavenagh to take title and pay the purchase-money of a portion of the premises. This was an action of partition. That portion of the premises involved in this motion was formerly owned by Francis Titus. He died seized thereof in July, 1836, leaving his last will and testament, which contained the following clauses: “ 1st. After all my lawful debts and demands and funeral expenses are paid and satisfied, which I direct to be done…
1Opinion of the CourtAndrews, J.
The gift to the testator’s daughter Cornelia of all his real and personal estate by the first clause in the will disconnected with the subsequent provisions, would, by well-settled rules of interpretation, have given her the fee in the land, which would have passed by her subsequent conveyance to Brown. (Jackson v. Babcock, 12 J. R., 389; Fox v. Phelps, 17 Wend., 393; 1 R. S., 748, § 1.) But in the construction of wills, as of other written instruments, the intention is to be ascertained by the consideration of the whole instrument, and the construction is not to be made upon a single or…
2Cases cited9 opinions
- Ah Lim v. Territory of WashingtonWashington Supreme Court · 1890
- Terry v. . WigginsNew York Court of Appeals · 1872
- Delafield v. StateNew York Supreme Court · 1841
- Norris v. . BeyeaNew York Court of Appeals · 1855
- Rogers v. RogersCourt for the Trial of Impeachments and Correction of Errors · 1829
4 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- In Re the Final Judicial Settlement of the Accounts of WellsNew York Court of Appeals · 1889
- People, Ex Rel. Mason v. . McClaveNew York Court of Appeals · 1885
- Thurber v. . ChambersNew York Court of Appeals · 1876
- Goodwin v. . CoddingtonNew York Court of Appeals · 1897
56 more not listed; retrieve them via the Exa API.