American Bible Society v. Hebard
New York Supreme Court
ACTION" against the defendants, as executors, &c. to recover the.amount of a legacy. Elijah Hebard, the testator, died January 25, 1858, leaving a last will and testament, by which he gave and bequeathed to his executors, the defendants, $1200, to be taken from any funds belonging to his estate, directing them to invest the same, as soon as practicable, in the purchase of a dwelling house and premises in the village of Geneva, such as should be selected by his wife, Hannah…
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ACTION" against the defendants, as executors, &c. to recover the.amount of a legacy. Elijah Hebard, the testator, died January 25, 1858, leaving a last will and testament, by which he gave and bequeathed to his executors, the defendants, $1200, to be taken from any funds belonging to his estate, directing them to invest the same, as soon as practicable, in the purchase of a dwelling house and premises in the village of Geneva, such as should be selected by his wife, Hannah Hebard, and gave her the use and enjoyment of such dwelling house and premises during her natural life, and directed his…
1Opinion of the Court
By the Court, Johnson, J.
The learned judge was right, I think, in holding at special term, as matter of law, that the plaintiffs became entitled absolutely to one half the fund of $1200, given to the executors in trust, upon the death of the widow of the testator. The defendants controvert this conclusion of law, and contend that by the failure of the widow to elect to accept the provisions made' for her, in the will, in lieu of dower, in her lifetime, she having died before accepting, and before the period when she would be deemed in law to have accepted, the whole provision failed, and the…
2Cases cited2 opinions
- Borst v. . CoreyNew York Court of Appeals · 1857
- Smith v. RemingtonNew York Supreme Court · 1864
3Cited by15 opinions
- Loder v. . HatfieldNew York Court of Appeals · 1877
- Congregational Unitarian Society v. HaleAppellate Division of the Supreme Court of the State of New York · 1898
- Sarles v. SarlesNew York Supreme Court · 1887
- In re the Estate of MillerNew York Surrogate's Court · 1896
- Hedges v. NorrisNew Jersey Court of Chancery · 1880
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