In re the Judicial Settlement of the Accounts of Lowe
Appellate Division of the Supreme Court of the State of New York
Appeal by Helen 0. Springer from a decree of the Surrogate’s Court of the county of Erie, entered in said Surrogate’s Court on the 13th day of April, 1911, upon the judicial settlement of the accounts of the executors of the will of Sarah J. Clement, deceased.
1Dissent
McLennan, P. J. (dissenting):
I think the language used in the 2d paragraph' of the will in question is plain and unambiguous; that such paragraph is not repugnant to or inconsistent with any of the other provisions of the will, and, therefore, that such language should be given its ordinary meaning and that the testatrix’s intent respecting the bequest thereby made should be ascertained solely from the language so employed.
The paragraph of the will which is the subject of this controversy is as follows:
“ Second : I give, devise and bequeath to my daughter, Helen Springer, my printing office…
2Cases cited6 opinions
- Brown v. . QuintardNew York Court of Appeals · 1903
- Mann v. MannNew York Court of Chancery · 1814
- In Re the Final Judicial Settlement of the Accounts of ReynoldsNew York Court of Appeals · 1891
- Mann v. MannCourt for the Trial of Impeachments and Correction of Errors · 1816
- In re the Judicial Settlement of the Account of the Long Island Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1904
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