Warner v. Durant
New York Supreme Court
Case agreed upon, and submitted by the parties, pursuant to section 1279 of the Code of Civil Procedure. Where a testator bequeaths a legacy to a person at a futuro time, and either gives him the intermediate interest, or directs it to be applied for his benefit, the court there considers the disposition of the interest to be an indication of the testator’s intention that the legatee should at all events have the principal; and on this ground hold such legacy to be vested.
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Case agreed upon, and submitted by the parties, pursuant to section 1279 of the Code of Civil Procedure. Where a testator bequeaths a legacy to a person at a futuro time, and either gives him the intermediate interest, or directs it to be applied for his benefit, the court there considers the disposition of the interest to be an indication of the testator’s intention that the legatee should at all events have the principal; and on this ground hold such legacy to be vested. (Williams on Executors, vol. 2, p. 1233; Roper on Legacies, vol. 1, p. 593; Hone v. Van Schaick, 20 Wend., 564; Burrill…
1Opinion of the Court
Ingalls, P. J.:
This controversy involves the construction of the last will and testament of Clark Durant, late of the city of New York, deceased, which was executed on the 3d day of September, 1873.
The following questions are submitted by the parties: Was the legacy vested in Oliver Blush at the time of his death ? And are his representatives entitled to the interest and principal of said legacy ? Or has the said administrator any right to receive any money under the said will, and if so, to what extent ? These questions present substantially one inquiry: whether the legacy of $15,000 to…
2Cases cited3 opinions
- Everitt v. . EverittNew York Court of Appeals · 1864
- Burrill v. SheilNew York Supreme Court · 1848
- Wheeler v. LesterNew York Surrogate's Court · 1850