In re the estate of Dowd
New York Surrogate's Court
Patbick Dowd, late of Brighton, Monroe county, made his will March 20, 1863. He bequeathed to- his wife, Elizabeth Dowd, all his personal estate, and the use, for life, of all his real. He authorized his executors, “ together with his wife,” to sell and convey his real estate, and to deposit the avails of the sale in one of the savings banks in Rochester.
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Patbick Dowd, late of Brighton, Monroe county, made his will March 20, 1863. He bequeathed to- his wife, Elizabeth Dowd, all his personal estate, and the use, for life, of all his real. He authorized his executors, “ together with his wife,” to sell and convey his real estate, and to deposit the avails of the sale in one of the savings banks in Rochester. He directs that his wife should be entitled to receive from his executors, from time to time, while any of the fund so deposited remained, sufficient thereof, to procure her a convenient and comfortable place to live, together with all…
1Opinion of the Court
Monroe, Surrogate.
By the sale and conveyance of the testator of all his real estate, previously devised by him, his estate and interest therein was wholly dimested, and not merely altered.
At common law, the least alteration of the interest of the testator in property devised or bequeathed by him, would work a revocation of the devise or bequest of such property (4 Kent, 529). Our Revised Statutes specially define what shall be an express revocation, and what shall be an implied, or, in other words, what shall be “ deemed ” a revocation (Sections 42-48, 2 Revised Statutes, 64). An alteration…
2Cases cited6 opinions
- Lefevre v. . LefevreNew York Court of Appeals · 1875
- McNaughton v. . McNaughtonNew York Court of Appeals · 1866
- Adams v. WinneNew York Court of Chancery · 1838
- McLean v. . FreemanNew York Court of Appeals · 1877
- Vandemark v. VandemarkNew York Supreme Court · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- In re Baby's WillNew York Surrogate's Court · 1889
- In re the application for the probate of the will of BabyNew York Surrogate's Court · 1889
- Kimball v. RichThe Superior Court of New York City · 1888
- Van Tassel v. BurgerAppellate Division of the Supreme Court of the State of New York · 1907