Walton v. Walton
New York Court of Chancery
GERARD WALTON, by his last will, dated August goth, 1795, devised, among other things, as follows: “I give and devise my house, at present occupied by me, on the south side of Pearl-street, &c. unto my nephew, ^(the plaintiff,) in fee.” “I give and bequeath to him all my household furniture,” &¿c.
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GERARD WALTON, by his last will, dated August goth, 1795, devised, among other things, as follows: “I give and devise my house, at present occupied by me, on the south side of Pearl-street, &c. unto my nephew, ^(the plaintiff,) in fee.” “I give and bequeath to him all my household furniture,” &¿c. “ Item, I give and bequeath to my said nephew, all my right, interest and property in thirty shares, which I own in the Bank of the United, States; and in four shares, which I own in the companies of the northern and western inland lock navigation.” (lItem, I give and devise all my share, right,…
1Opinion of the Court
The Chancellor,
The first bequest on v/hich a question has arisen, as to the ademption, is of “ all the testators right, interest and property, in 30 shares, which he then owned in the Bank of the United States, and in four shares which he owned in the companies of the northern and western inland lock navigation,”
A bequest all the testator’s right, interest and property in thirty shares in the Sank of the United States, is a specific legacy. Distinction between a specific and ageneral pecuniary legacy. A pecuniary tive^egacy^to ja particular fund, is not the extinguish!fond1 °f the
The charter…
2Cases cited1 opinion
- Rogers v. RossNew York Court of Chancery · 1820
3Cited by48 opinions
- In Re the Accounting of Security Trust Co.New York Court of Appeals · 1917
- Richardson v. HallMassachusetts Supreme Judicial Court · 1878
- Mary Lucinda Bosley v. Margaret E. WyattSupreme Court of the United States · 1853
- Hood v. HadenSupreme Court of Virginia · 1886
- In re the Construction of the Last Will & Testament of StrasenburghNew York Surrogate's Court · 1928
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