In Re the Judicial Settlement of the Account of Woodward
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the first judicial department, entered upon an order made October 2, 3 888, which affirmed a decree of the surrogate of the county of New York, rendered upon the judicial settlement of the account of the executors of Noah S. Hunt, deceased. The material facts are sufficiently stated in the opinion. The intention of the-testator, as manifested by the entire will, should govern.
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Appeal from judgment of the General Term of the Supreme-Court in the first judicial department, entered upon an order made October 2, 3 888, which affirmed a decree of the surrogate of the county of New York, rendered upon the judicial settlement of the account of the executors of Noah S. Hunt, deceased. The material facts are sufficiently stated in the opinion. The intention of the-testator, as manifested by the entire will, should govern. (Hoppock v. Tucker, 59 N. Y. 209 ; Shelby v. Byer, Jacob’s Rep. 207; Silcox v. Bell, 1 S. & S. 301; Mayott v. Mayott, 2 Bro. Ch. 125 ; 2 Jarman on Wills…
1Opinion of the CourtDanforth, J.
Noah S. Hunt, who died in the city of New York, November 12, 1886, by his will made in 1879, after providing for the necessities of some of his brothers and sistersdmdng their lives, out of the income of specific sums, gave the principal of those sums to certain persons described by him as his nephews and nieces, naming the brother or sister from whom they descended, and in the tenth clause, said:
“ I give and bequeath unto Alice, Thomas and Frederick, the three children of my deceased niece, Mary Jane Gray, late wife of the Eev. Thomas M. Gray, each the sum of two thousand dollars. Provided…
2Cases cited2 opinions
- Low v. . HarmonyNew York Court of Appeals · 1878
- Cromer v. PinckneyNew York Court of Chancery · 1848
3Cited by13 opinions
- First National Bank & Trust Co. v. BakerSupreme Court of Connecticut · 1938
- Downing v. NicholsonSupreme Court of Iowa · 1902
- Willard v. DarrahSupreme Court of Missouri · 1902
- In re the Estate of RichardsNew York Surrogate's Court · 1934
- In Re Estate of KittsonSupreme Court of Minnesota · 1929
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