Humbert v. Wurster
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried. The action was brought upon a due bill, which belonged- to one Christian Kiblee in his lifetime.
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Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried. The action was brought upon a due bill, which belonged- to one Christian Kiblee in his lifetime. He died; leaving a last will and testament, which contained, among others, the following provision, viz.: “ First, I give to my beloved wife, Fredrika Kiblee, full power and control to lease or sell, as she thinks best, for the benefit of my family, all my real estate and personal property…
1Opinion of the Court
Hardin, J.:
It must be conceded that the intention of the testator to invest his wife with the character of executor may be fully implied from the terms of the will. (Willard on Ex., 186; Exp. McDonnell, 2 Bradf., 32; Bayeaux v. Bayeaux, 8 Paige, 333; Hartnett v. Wandell, 60 N. Y., 354.) And as she was not named in the will expiessly as executrix, she might have been appointed administratrix with the will .annexed, upon a proper application therefor to the surrogate.
Upon such an appointment having been made, she would have had the legal title to the personal property, and been authorized to…
2Cases cited10 opinions
- Newton v. . BronsonNew York Court of Appeals · 1856
- Conklin v. Egerton's AdministratorNew York Supreme Court · 1839
- Judson v. GibbonsNew York Supreme Court · 1830
- Valentine v. JacksonNew York Supreme Court · 1832
- Thomas v. CameronNew York Supreme Court · 1837
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