In Re the Judicial Settlement of the Account of Truslow
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July. 28, 1893, which reversed a decree of the Surrogate’s Court of the county of Kings construing the will of Gilbert Potter, deceased, in connection with a judicial settlement of the accounts of his executors. Gilbert Potter died in Brooklyn, in 1883, leaving a widow, two daughters, named Mrs. Beard and Mrs. Curtis, and a son named Gilbert.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July. 28, 1893, which reversed a decree of the Surrogate’s Court of the county of Kings construing the will of Gilbert Potter, deceased, in connection with a judicial settlement of the accounts of his executors. Gilbert Potter died in Brooklyn, in 1883, leaving a widow, two daughters, named Mrs. Beard and Mrs. Curtis, and a son named Gilbert. Mrs. Beard had two children, who were testator’s only grandchildren. By his will, he devised his residence, and certain land…
1Opinion of the CourtGray, J.
I quite agree with the General Term justices that the word “ children ” is used in this will in its primary signification. It is very clear that the testator thus refers to his immediate descendants and not to grandchildren. When he has remote descendants in view, he refers to them through the use of the word “ issue.” It is undoubtedly true that the term “ children ” may include “ grandchildren; ” but to give to it that very comprehensive meaning, we should be able to find such an intention on the testator’s part from other expressions or clauses in the will. I am not aware of any case, in…
2Cases cited1 opinion
- Scott v. . GuernseyNew York Court of Appeals · 1871
3Cited by16 opinions
- In Re the Accounting of MengNew York Court of Appeals · 1919
- In Re the Accounting of MullerNew York Court of Appeals · 1929
- In re the Accounting of Bank of New YorkNew York Court of Appeals · 1959
- In re the Judicial Settlement of the Accounts of MaguireAppellate Division of the Supreme Court of the State of New York · 1937
- Harrison v. McAdamNew York Supreme Court · 1902
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