In Re the Judicial Settlement of the Accounts of Piffard
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 22, 1886, which affirmed, so far as appealed from, a decree of the surrogate of the county of Livingston on settlement of the accounts of the executors of the will of David PifEard. (Reported below, 42 Hun, 34.) The provisions of the will, so far as material, are set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 22, 1886, which affirmed, so far as appealed from, a decree of the surrogate of the county of Livingston on settlement of the accounts of the executors of the will of David PifEard. (Reported below, 42 Hun, 34.) The provisions of the will, so far as material, are set forth in the opinion. The testator’s daughter, Sarah Eyre PifEard, one of the beneficiaries named therein, died before the testator, leaving a will. The executors under a power of sale contained in.…
1Opinion of the CourtFinch, J.
The testator, by his last will, duly executed, gave to his daughter, Sarah, one-fifth of all his real and personal property. The devise and bequest was absolute and without condition, and such as to vest in her a complete title to the property given. Of course such legatee and devisee, if she lived until her father’s will took effect, would have the absolute ownership and power of disposition, and could transfer it by will to whomsoever she pleased. By a codicil made a few years later, the testator again referred to the devise and bequest to Sarah, and made a further provision relative…
2Cited by43 opinions
- In Re the Will of FowlesNew York Court of Appeals · 1918
- In Re the Accounting of LockeNew York Court of Appeals · 1932
- Swetland v. SwetlandNew Jersey Court of Chancery · 1926
- In Re Estate of McCurdyCalifornia Supreme Court · 1925
- In re the Estate of JamesNew York Surrogate's Court · 1943
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