Hadcox v. . Cody
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered September 12, 1913, modifying and affirming as modified a judgment entered upon the report of a referee in an action brought for an accounting and for the construction of the will of James A. Carey, deceased.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered September 12, 1913, modifying and affirming as modified a judgment entered upon the report of a referee in an action brought for an accounting and for the construction of the will of James A. Carey, deceased. James A. Cary died April 18, 1890, leaving a will duly attested, which was thereafter duly probated and of which the following is a copy: “I, James A. Carey of Deansville, county of Oneida and state of New York, being of sound mind and memory, do make, publish and declare this…
1Opinion of the CourtChase, J.
The judgment of the Special Term so far as it relates to the account of the executrix is affirmed by the Appellate Division. We have examined the record relating to the account and find no reason for changing the judgments entered so far as they adjudge, determine and settle the account of the executrix.
The fact of making a will raises a very strong pre sumption against an expectation or desire on the part of the testator of leaving a portion of his estate undisposed of by his will. (Schult v. Moll, 132 N. Y. 122, 127.) We think it was the intention of the testator to dispose of all of his…
2Cases cited4 opinions
- Purdy v. . HaytNew York Court of Appeals · 1883
- Cammann v. . BaileyNew York Court of Appeals · 1913
- Salter v. . DrowneNew York Court of Appeals · 1912
- Schult v. . MollNew York Court of Appeals · 1892
3Cited by27 opinions
- In Re the Estate of HayesNew York Court of Appeals · 1934
- In re the Estate of DammannNew York Court of Appeals · 1963
- West v. WestAppellate Division of the Supreme Court of the State of New York · 1926
- In Re the Will of FordeNew York Court of Appeals · 1941
- Wachovia Bank & Trust Co. v. MillerSupreme Court of North Carolina · 1943
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