Livingston v. Murray
New York Supreme Court
APPEAL, by the defendant, from a judgment entered upon the report of a referee. The action was brought by the plaintiff as ■ executor of James B. Murray, deceased, for a judicial construction of the will of the said James B. Murray, and a codicil thereto, and for a settlement of the executor’s accounts, and a final determination of the rights of the parties interested in the estate.
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APPEAL, by the defendant, from a judgment entered upon the report of a referee. The action was brought by the plaintiff as ■ executor of James B. Murray, deceased, for a judicial construction of the will of the said James B. Murray, and a codicil thereto, and for a settlement of the executor’s accounts, and a final determination of the rights of the parties interested in the estate. The appellant is a daughter of the testator, entitled to participate in his estate by the terms of the will and codicil. By the judgment which was entered, her interest was declared to be a life estate merely, in…
1Opinion of the Court
By the Court, Daniels, J.
It is not claimed, in support of the appeal, that any error intervened as to the amount of the estate which should be appropriated for her use, nor in the selection of the trustee, if one must be provided for her. But it is insisted that the property transferred was absolutely her own under the terms used in the will and codicil, and should have been delivered over to her for her use and enjoyment. By the will which was made by the testator, he divided the final rest and residue of his estate remaining after payment of his debts and funeral expenses, equally among his…
2Cases cited4 opinions
- Terry v. . WigginsNew York Court of Appeals · 1872
- Tyson v. . BlakeNew York Court of Appeals · 1860
- Wood v. BurnhamNew York Court of Chancery · 1837
- Terry v. WigginsNew York Supreme Court · 1869