Williams v. . Jones
New York Court of Appeals
Appeal from a final judgment of the Supreme Court, entered November 23, 1901, upon an order of the Appellate Division in the first judicial department, affirming an interlocutory judgment of Special Term construing the will of Mary Mason Jones, deceased. The purpose of the action was to obtain a construction of the ninth clause of the testatrix’s will.
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Appeal from a final judgment of the Supreme Court, entered November 23, 1901, upon an order of the Appellate Division in the first judicial department, affirming an interlocutory judgment of Special Term construing the will of Mary Mason Jones, deceased. The purpose of the action was to obtain a construction of the ninth clause of the testatrix’s will. It was. alleged in the complaint that she did not specifically direct what disposition should be made of the property mentioned in that clause in case Mason R. Jones should die leaving his wife but not Ms son Renshaw M. Jones surviving. The…
1Opinion of the CourtMartin, J.
We agree with the learned Appellate Division that the construction of the ninth clause of the testatrix’s will is to be determined by her intent if it can be ascertained, and that effect must be given to such intent if it can he done without contravening any settled rule of construction o-r statute. ,
The will of the testatrix discloses a mature and complete plan for the disposition of her estate for the benefit of those who were intended as recipients of her bounty. In its prolixity, resulting from an effort to state in detail every contingency that might by any possibility arise, this…
2Cases cited8 opinions
- Vanderzee v. SlingerlandNew York Court of Appeals · 1886
- Downing v. . MarshallNew York Court of Appeals · 1861
- Stokes v. . WestonNew York Court of Appeals · 1894
- Norris v. . BeyeaNew York Court of Appeals · 1855
- Wager v. . WagerNew York Court of Appeals · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
- In Re the Estates of CovertNew York Court of Appeals · 2001
- In re Will of LarkinNew York Court of Appeals · 1961
- In re the Estate of ThallNew York Court of Appeals · 1966
- In Re Proving the Will of FordhamNew York Court of Appeals · 1923
72 more not listed; retrieve them via the Exa API.