Campbell v. . Beaumont
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 May 6, 1882, which affirmed a judgment entered upon a decision of the court on trial at Special Term. This action was brought to obtain a construction of the will of John P. Beaumont, deceased.
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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 May 6, 1882, which affirmed a judgment entered upon a decision of the court on trial at Special Term. This action was brought to obtain a construction of the will of John P. Beaumont, deceased. The clause of the will in question is as follows: “ I leave to my beloved wife, Mary Ann, all my property, of whatever kind, including eight bonds of one thousand dollars each, and certificate of twenty shares of the stock of the North River Bank in New York, contained in a tin box…
1Opinion of the CourtDaneorth, J.
This action was brought to obtain a construction of the will of John P. Beaumont, the question being, whether the plaintiff, his widow, took a fee in the real, and became the absolute owner of the personal estate, or an estate for life only. The difference between the learned courts below shows that the point presents a difficulty, but- we are of opinion that the conclusion of the Special Term (expressed by Van Yorst, J.), upon the first trial, should be sustained. To depart from it words must be supplied to cut down an apparent absolute gift, and this cannot be done unless the language…
2Cases cited5 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Terry v. . WigginsNew York Court of Appeals · 1872
- Jackson ex dem. Brewster v. BullNew York Supreme Court · 1813
- Tyson v. . BlakeNew York Court of Appeals · 1860
- Westcott v. CadyNew York Court of Chancery · 1821
3Cited by73 opinions
- In Re the Estate of HayesNew York Court of Appeals · 1934
- Van Horne v. . CampbellNew York Court of Appeals · 1885
- Mulvane v. RudeIndiana Supreme Court · 1896
- McNutt v. McCombSupreme Court of Kansas · 1899
- Wager v. . WagerNew York Court of Appeals · 1884
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