Gelston v. . Shields
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment entered upon a decision of the court on trial at Special Term. (Reported below, 16 Hun, 143.) This action was brought to obtain a judicial construction of the will of Henry Shields, late of the city of New York, deceased. The following provisions of the will are those in question : “Second.
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Appeal from a judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment entered upon a decision of the court on trial at Special Term. (Reported below, 16 Hun, 143.) This action was brought to obtain a judicial construction of the will of Henry Shields, late of the city of New York, deceased. The following provisions of the will are those in question : “Second. I give my beloved wife, Catharine Shields, the dwelling-house now belonging to me known as No. 106 fone hundred and six) Second avenue, in the city of New York, that she now occupies. To…
1Opinion of the CourtMiller, J.
The intention of the testator in the devises • made to his children and for their benefit may, we think, be determined from the interpretation to be placed upon the terms of the will itself. A distinct recognition is made by the testator in his will of the fact that Catharine Shields was his lawful wife, and provision is made for her as well as the children of the deceased. In the second clause of the will he gives to “ my beloved wife, Catharine Shields, the dwelling-house now belonging to me” * # * “to have and to hold the same unto my said wife during her widowhood,” and if the house is…
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