Bayeaux v. Bayeaux
New York Court of Chancery
The bill in this cause was filed by the widow, and administratrix with the will annexed, of H. F. Bayeaux, deceased, for the purpose of obtaining a construction of his will. The testator died at the city of Troy, in March, 1839, leaving a widow and three infant children, who are the parties in this cause. By his will, made a few months before his death, he disposed of his property as follows : “ First.
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The bill in this cause was filed by the widow, and administratrix with the will annexed, of H. F. Bayeaux, deceased, for the purpose of obtaining a construction of his will. The testator died at the city of Troy, in March, 1839, leaving a widow and three infant children, who are the parties in this cause. By his will, made a few months before his death, he disposed of his property as follows : “ First. All my property of whatever kind and description, whether real or personal, I give unto my wife. Martha L. Bayeaux, in trust, charging thereupon the payment of all just debts against me, and…
1Opinion of the Court
The Chancellor.
It is very evident that this will was either drawn by the decedent himself, or by some other person equally ignorant not only of legal language but of legal principles. It is, therefore, very difficult to form any opinion from the will what disposition the testator intended to make of his property. Taking the first section of the will by itself it would appear that he must have intended to give the whole estate to his wife, at least during her life ; trusting to her to apply the income thereof for the support of her children or otherwise, as she might deem proper ; but making…
2Cited by10 opinions
- Hartnett v. . WandellNew York Court of Appeals · 1875
- In Re the Will of LibermanNew York Court of Appeals · 1939
- Mulholland v. GillanSupreme Court of Rhode Island · 1903
- Hartnett v. WandellNew York Court of Appeals · 1875
- In re the Estate of BrocatoNew York Surrogate's Court · 1931
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