Taylor v. . Dodd
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, reversing judgment entered upon the decision of the court at Special Term, and finally adjudging and determining the rights of the parties upon the issues. (Reported below, 2 iST. Y. S. C. R. [T. & 0.], 88.) This action was brought to obtain judicial construction of the last will and testament of Joshua- A. Story, late of Cooperstown, Otsego county, deceased.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, reversing judgment entered upon the decision of the court at Special Term, and finally adjudging and determining the rights of the parties upon the issues. (Reported below, 2 iST. Y. S. C. R. [T. & 0.], 88.) This action was brought to obtain judicial construction of the last will and testament of Joshua- A. Story, late of Cooperstown, Otsego county, deceased. He died leaving a last will and testament, and a codicil, executed the same day, of which the following are copies: “ This is the last will…
1Opinion of the CourtFolger, J.
The personal estate of a testator is to furnish the fund for the payment of legacies. This is the general rule. But the personal estate may be entirely exonerated, or the real estate may be made to aid the personal, if there be express direction to that effect in the will, or if such be the clear intent of the testator to be gathered from its provisions.
In this case there is not found in the will express direction.
In searching for the 'intent of the testator, it has been seen that in some of the clauses giving legacies, he has given them “in money out of my estate/” or, “to be paid out of my…
2Cases cited1 opinion
- John Archer v. Mary DenealeSupreme Court of the United States · 1828
3Cited by52 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- Ely v. . MegieNew York Court of Appeals · 1916
- Sulz v. Mutual Reserve Fund Life Ass'nNew York Court of Appeals · 1895
- Carley v. . HarperNew York Court of Appeals · 1916
- Clift v. . MosesNew York Court of Appeals · 1889
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