Dill v. . Wisner
New York Court of Appeals
Appeal from judgment of the General Term of the Su- . preme Court, in the third judicial department, in favor of defendant Mary H. Wisner, entered upon an order reversing a judgment of Special Term, and directing a dismissal of the complaint, with costs against plaintiff personally.
Read the full summary
Appeal from judgment of the General Term of the Su- . preme Court, in the third judicial department, in favor of defendant Mary H. Wisner, entered upon an order reversing a judgment of Special Term, and directing a dismissal of the complaint, with costs against plaintiff personally. (Eeported below, 23 Hun, 123.) This action was brought by plaintiff, as executor of the will of Eachel J. Miller, deceased, and individually to obtain construction of the said will, and declaring the rights of legatees, and the duty of plaintiff under it. The will in question, after various legacies and specific…
1Opinion of the CourtMiller, J.
The testatrix by her will devised all her real estate to persons therein named and -charged the same with the payment of all just debts and funeral and testamentary expenses and all the legacies previously given and bequeathed. This devise, we think, did not create a trust in the executors which authorized the bringing of an action for the construction of the will and for directions and instructions as to the same. There are no words of trust in the will or power to execute a conveyance or to sell, and no directions or authority conferred upon the executors to distribute moneys realized upon…
2Cases cited11 opinions
- Post v. . HoverNew York Court of Appeals · 1865
- Fish v. HowlandNew York Court of Chancery · 1828
- Chipman v. . MontgomeryNew York Court of Appeals · 1875
- In the Matter of Will of FoxNew York Court of Appeals · 1873
- Bowers v. SmithNew York Court of Chancery · 1843
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Andersen v. AndersenNebraska Supreme Court · 1903
- In re Vedder's EstateNew York Supreme Court · 1891
- Frank v. FrankSupreme Court of Arkansas · 1908
- Hoagland v. CooperNew Jersey Court of Chancery · 1903
- In re the Estate of HardenNew York Surrogate's Court · 1914
13 more not listed; retrieve them via the Exa API.