Pierrepont v. . Edwards
New York Court of Appeals
This was an appeal from the judgment of the supreme court in the first judicial district, giving a construction to the will of the late Alfred H. P. Edwards. That court decided that under the will the widow’s annuity was payable only out of the income of his estate; and that the income having proved insufficient to pay it, she was not entitled to payment of the deficiency out of the body of the estate. The facts appear sufficiently in the opinion of Chief Judge Denio.
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The only question which I think it necessary to consider, in this case, is whether the bequest of the annuity of $7,000 a year, to the testator's wife, was specific, in the sense that if it could not be paid out of the fund indicated — namely, the income of the trust estate — it was to fail, or to abate, in the proportion that the indicated fund should prove deficient; or, on the other hand, whether it was intended by the testator that it should be paid; at all…
2Cases cited1 opinion
- Giddings v. . SewardNew York Court of Appeals · 1857
3Cited by59 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- Delaney v. . Van AulenNew York Court of Appeals · 1881
- Spencer v. SpencerAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Accounting of HellerNew York Court of Appeals · 1954
- Smith v. FellowsMassachusetts Supreme Judicial Court · 1881
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