Bigart v. Jones
New York Supreme Court
This action is instituted for the purpose of obtaining a judicial construction of the said will, and for direction to the plaintiff as such executor in regard to its execution.
1Opinion of the CourtIngalls, J.
The will in question presents upon its face questions of complication, uncertainty and difficulty, sufficient to justify the plaintiff in asking for instruction from the court in regard to the manner in which he should discharge his duties in executing the will as such executor. Such direction necessarily involves a construction of the will, which I proceed to give without unnecessary prolixity, as I understand its provisions, interpreted as an entire instrument and in accordance with what I conclude to have been the intention of the testator as gathered from the will. By such will the…
2Cases cited7 opinions
- Lent v. . HowardNew York Court of Appeals · 1882
- Terry v. . WigginsNew York Court of Appeals · 1872
- Wager v. . WagerNew York Court of Appeals · 1882
- Bailey v. . BriggsNew York Court of Appeals · 1874
- Norris v. . BeyeaNew York Court of Appeals · 1855
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