McNaughton v. . McNaughton
New York Court of Appeals
Appeal from a judgment of the Supreme Court, at the General Term in the fourth district, affirming the decision of the surrogate of the county of Washington, on the accounting of the respondent as executor. The testator, Isaac Getty, was a resident of Salem, and died in February, 1856, being then about eighty years old. He left no children; and by his will, made fourteen years before, he had given absolutely to his wife all his personal property.
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Appeal from a judgment of the Supreme Court, at the General Term in the fourth district, affirming the decision of the surrogate of the county of Washington, on the accounting of the respondent as executor. The testator, Isaac Getty, was a resident of Salem, and died in February, 1856, being then about eighty years old. He left no children; and by his will, made fourteen years before, he had given absolutely to his wife all his personal property. He had also devised to her, for life, all his real estate; directing its sale after her decease, and the division of the avails, after payment of…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] When the will took effect by the death of the testator, the farm which he owned at its date had ceased to be a portion of his real estate. If there had been a specific devise to the appellants of the farm, the sale of it by the donor in his lifetime would have operated as a revocation of the gift. They would have acquired no interest in the bond and mortgage, though given for a portion of the purchase-money. The rule on this subject is well settled; and the…
2Cases cited6 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Pond v. BerghNew York Court of Chancery · 1843
- Adams v. WinneNew York Court of Chancery · 1838
- Gardner v. PrintupNew York Supreme Court · 1847
- Vandemark v. VandemarkNew York Supreme Court · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Ametrano v. . DownsNew York Court of Appeals · 1902
- In Re Estate of DwyerCalifornia Supreme Court · 1911
- Burnham v. . ComfortNew York Court of Appeals · 1888
- Estate of MooreCalifornia Court of Appeal · 1955
- In re the Will of MillerSupreme Court of Iowa · 1905
39 more not listed; retrieve them via the Exa API.