Wells v. . Wells
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 12, 1881, which affirmed a judgment, entered upon a decision of the court on trial at Special Term. This action was brought to obtain a judicial construction of the will of Harmon K. Wells, deceased. The testator died in March, 1864, leaving his wife and seven children surviving.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 12, 1881, which affirmed a judgment, entered upon a decision of the court on trial at Special Term. This action was brought to obtain a judicial construction of the will of Harmon K. Wells, deceased. The testator died in March, 1864, leaving his wife and seven children surviving. The widow died in Hovember, 1878 ; all of the children survived her. The first clause of the will reads as follows : “ I. I give, devise and bequeath all my estate, real and personal,…
1Opinion of the Court
Andrews, Ch. J.
The primary intent of the testator, as indicated by his will, was to give the income of his estate to his wife and children during their lives respectively, and the corpus to the. issue of his children. The existence of this intent furnishes the only adequate explanation of the motive of the testator in creating the trust estate in his executor, and the power conferred and the duties enjoined upon the trustees, have especial and consistent relation to this general scheme for the distribution of his estate. The question is whether this plain purpose of the testator has been…
2Cases cited2 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Savage v. . BurnhamNew York Court of Appeals · 1858
3Cited by27 opinions
- In Re the Will of HornerNew York Court of Appeals · 1924
- Steinway v. . SteinwayNew York Court of Appeals · 1900
- Ward v. . WardNew York Court of Appeals · 1887
- Leach v. . GodwinNew York Court of Appeals · 1910
- Knox v. Metropolitan Elevated Railway Co.New York Supreme Court · 1890
22 more not listed; retrieve them via the Exa API.