Collin v. Collin
New York Court of Chancery
The bill in this cause was filed by the executors of D. Collin, deceased, to obtain a judicial construction of his will, and for directions for the distribution of his estate among his residuary legatees, under the following clause of his will: “ Eighthly: I give and bequeath all the rest and residue of my personal estate to all my grandchildren, to be distributed among and paid to them, share and share alike, by my executors, in manner and form following; to be vested in…
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The bill in this cause was filed by the executors of D. Collin, deceased, to obtain a judicial construction of his will, and for directions for the distribution of his estate among his residuary legatees, under the following clause of his will: “ Eighthly: I give and bequeath all the rest and residue of my personal estate to all my grandchildren, to be distributed among and paid to them, share and share alike, by my executors, in manner and form following; to be vested in good securities bearing interest, and to be paid .to them severally as they arrive at the age of twenty-one years in equal…
1Opinion of the Court
The Chancellor.
The proper construction of the residuary clause bf this will is, that all the grandchildren of the testator who were in esse at the time of the death of the testator, or their legal representatives, and no others, are entitled to share in his residuary estate.
The general rule is, that in a will of personal estate, the testator is presumed to speak in reference to the time of his death; and not to any previous or subsequent period. A bequest to the *637children of A. B., as a-class, will, therefore, embrace all his children in esse at the time of the death of. the testator;…
2Cited by9 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Du Bois v. RayNew York Court of Appeals · 1866
- Converse v. KelloggNew York Supreme Court · 1850
- Clark v. MorehousNew Jersey Court of Chancery · 1908
- Sanders v. ByromTennessee Supreme Court · 1903
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