Ludwig v. Bungart
New York Supreme Court
Action to construe a will, and for specific performance, each being stated as a separate cause of action, and no objection having been taken to their being united. Motion to dismiss the complaint as to each cause of action separately, made at the opening of the trial.
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Action to construe a will, and for specific performance, each being stated as a separate cause of action, and no objection having been taken to their being united. Motion to dismiss the complaint as to each cause of action separately, made at the opening of the trial. The amended complaint for the first cause states as follows: Christina Bungart died April 5th, 1898, leaving a last will which has been admitted to probate in Kings county on October 12th, 1898. The defendant is her residuary legatee and devisee. The fifth clause is a specific bequest to the plaintiff as follows: “ I give and…
1Opinion of the Court
Gaynor, J.:
Equity has no jurisdiction to entertain a suit to construe a will in respect of personal estate, except as such con*250struction may be incidental to the execution of a trust. In such case jurisdiction is taken under the head of trusts, which is a familiar head of equity, and the relation of executor to legatee belongs to such trusts (Bowers v. Smith, 10 Paige, 193; Wager v. Wager, 89 N. Y. 161). But the surrogate’s court has power to construe wills in any respect incidental to the performance of the duties imposed upon it, including the settling of executors’ accounts and the…
2Cases cited7 opinions
- Wager v. . WagerNew York Court of Appeals · 1882
- Parsell v. . StrykerNew York Court of Appeals · 1869
- Bowers v. SmithNew York Court of Chancery · 1843
- Lobdell v. . LobdellNew York Court of Appeals · 1867
- Miller v. . BallNew York Court of Appeals · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ludwig v. BungartNew York Supreme Court · 1900
- Meeks v. MeeksNew York Supreme Court · 1901
- Haughian v. ConlonNew York Supreme Court · 1903