Tyson v. . Blake
New York Court of Appeals
Appeal from the Supreme Court. Upon the trial before a referee, these facts were found by him: Richard Tyson died in 1841, having made and published his last will and testament, bearing date on the 6th October of that year, by which he directed his executors, immediately after his decease, to proceed to call in and collect all the moneys that should be found due to him: to sell at public vendue all his personal estate; and, as soon as they could get a fair price for his real…
Read the full summary
Appeal from the Supreme Court. Upon the trial before a referee, these facts were found by him: Richard Tyson died in 1841, having made and published his last will and testament, bearing date on the 6th October of that year, by which he directed his executors, immediately after his decease, to proceed to call in and collect all the moneys that should be found due to him: to sell at public vendue all his personal estate; and, as soon as they could get a fair price for his real estate, to sell the same, giving them full powers for that purpose. After giving a legacy of $300 to the elders and…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The principal question to be determined arises upon the construction of that part of the will which gives legacies to the testator's granddaughter, Mary Emeline Tyson, and to his grandsons, Aaron, Edwin, and Richard Tyson. The bequest is of one-fourth of the net proceeds of the testator's estate which should remain, c., to each of such grandchildren, the whole to be equally divided among them, share and share alike. But in case the said Mary Emeline should die…
2Cited by50 opinions
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- In re Donges's EstateWisconsin Supreme Court · 1899
- Everitt v. . EverittNew York Court of Appeals · 1864
- Campbell v. . BeaumontNew York Court of Appeals · 1883
- Beardsley v. . HotchkissNew York Court of Appeals · 1884
45 more not listed; retrieve them via the Exa API.