In Re the Final Judicial Settlement of the Accounts of Wells
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made April 14,1888, which affirmed a decree of the surrogate of the county of Seneca on final settlement of the accounts of Samuel B. Wells, as sole executor of the will of Eunice B. Cooke, deceased. The facts, so far as material, appear in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made April 14,1888, which affirmed a decree of the surrogate of the county of Seneca on final settlement of the accounts of Samuel B. Wells, as sole executor of the will of Eunice B. Cooke, deceased. The facts, so far as material, appear in the opinion. The general rule of construing a will, or any other written paper, is, if it can be done without violating the intent, to give a meaning to all the words which are used. (3 Jar. [Ran. & T.'s ed.] 705; Dover v. Gregory, 10 Sim.…
1Opinion of the CourtGray, J.
The testatrix, after making a devise of certain real estate and certain bequests, by the tenth clause of her will, disposed of all of the rest, residue and remainder of her estate, by giving one eighth part thereof to each of five persons named and one eighth part to the children of each of three other persons. After stating the legatee, or legatees of each eighth part, testatrix added these words: “ To have and to hold the same to them, their heirs a/nd assigns forever. ” Four of the persons named as legatees died after the making of the will and before the testatrix, and this controversy…
2Cases cited8 opinions
- Downing v. . MarshallNew York Court of Appeals · 1861
- Taggart v. . MurrayNew York Court of Appeals · 1873
- Matter of Estate of BrownNew York Court of Appeals · 1883
- Thurber v. . ChambersNew York Court of Appeals · 1876
- Van Beuren v. . DashNew York Court of Appeals · 1864
3 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- In Re the Accounting of TamargoNew York Court of Appeals · 1917
- In Re the Accounting of EvansNew York Court of Appeals · 1922
- Moffett v. . ElmendorfNew York Court of Appeals · 1897
- In re the Estate of WalkerNew York Court of Appeals · 1985
- Matter of TienkenNew York Court of Appeals · 1892
59 more not listed; retrieve them via the Exa API.