Wells v. Wells
The Superior Court of New York City
Trial by the court. This was a bill filed by James N. Wells and William J. Wells, individually and as the executors of the last will and testament of James Nicholas Wells, deceased, for the judicial construction of the will of their testator.
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Trial by the court. This was a bill filed by James N. Wells and William J. Wells, individually and as the executors of the last will and testament of James Nicholas Wells, deceased, for the judicial construction of the will of their testator. The will, after directing payment of funeral expenses, testamentary charges and all just debts as soon after testator’s death as conveniently may be, by its second paragraph directed his executors to sell his real property at Riverdale “ and to apply the proceeds derived therefrom, towards the payment of my just debts, both funded and otherwise,” and to…
1Opinion of the CourtMcAdam, J.
The action is brought for a judicial construction of the will of James N. Wells, deceased, and for instructions to plaintiffs, the executors and trustees under •such will. . .
The testator was, at the date of his will and at the time of his death, the owner of a residence at Riverdale, in'the northern extremity of the City of New York, and •of three houses situated on Ninth avenue, in said city, and known as numbers 189, 191 and 193. The Riverdale property was subject to a mortgage for $15,000 and 191 Ninth avenue to two mortgages for $8,000 each, all of which had been made by the testator as…
2Cases cited11 opinions
- Duke of Cumberland v. CodringtonNew York Court of Chancery · 1817
- Ketchum v. . the City of Buffalo and AustinNew York Court of Appeals · 1856
- People v. BadgleyNew York Supreme Court · 1836
- Meyer v. . CahenNew York Court of Appeals · 1888
- Cochrane v. HawverNew York Supreme Court · 1889
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3Cited by1 opinion
- In re United States Mortgage & Trust Co.New York Surrogate's Court · 1929