Van Vechten v. . Keator
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a decree of the surrogate of Ulster county in the matter of the accounting of appellant, as executor of the last will and testament of Eliza Elmendorf, deceased. Said Eliza Elmendorf died in April, 1858, leaving a will of which (omitting the formal parts) the following is a copy: “ First.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a decree of the surrogate of Ulster county in the matter of the accounting of appellant, as executor of the last will and testament of Eliza Elmendorf, deceased. Said Eliza Elmendorf died in April, 1858, leaving a will of which (omitting the formal parts) the following is a copy: “ First. I do hereby nominate and appoint John Van Vechten and Conrad Brodhead executors of this, my last will and testament, and hereby authorize and empower my said executors, and the survivor of them, to sell,…
1Opinion of the CourtAllen, J.
The will is entirely harmonious and every part may have full effect. It is only when the different clauses are irreconcilable upon any reasonable interpretation, that the latest clauses, as the last expressions of the will of the testator, are to have effect in preference to the earlier clauses of the will. ( Van Nostrand v. Moore, 52 N. Y., 12.) By the first clause the testatrix relieves her personal estate from the payment of debts, and substitutes her real property as a fund for that purpose, empowering the executors to sell so much thereof as should be necessary to pay her just debts. By…
2Cases cited3 opinions
- Van Nostrand v. . MooreNew York Court of Appeals · 1873
- Kinnier v. . RogersNew York Court of Appeals · 1870
- Johnson v. CorbettNew York Court of Chancery · 1844
3Cited by9 opinions
- Holmes v. PickettSupreme Court of South Carolina · 1898
- Paisley v. HolzshuCourt of Appeals of Maryland · 1896
- Noble v. ThayerAppellate Division of the Supreme Court of the State of New York · 1897
- Onderdonk v. AckermanNew York Supreme Court · 1881
- Prowitt v. RodmanNew York Court of Appeals · 1867
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