Tucker v. Ball
New York Supreme Court
In Ecujity. Jacob Lewis, of Munroe in the county of Orange, by his will dated on the 23d day of July, 1820, amongst other things, devised and bequeathed as follows: “ I give and bequeath to my wife Eunice Lewis all my real and personal estate, except such of my personal estate as is hereinafter otherwise bequeathed, whether it consist of lands and tenements, goods and chattels, or moneys due to me on bonds, notes or otherwise, for her own use and benefit so long as she…
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In Ecujity. Jacob Lewis, of Munroe in the county of Orange, by his will dated on the 23d day of July, 1820, amongst other things, devised and bequeathed as follows: “ I give and bequeath to my wife Eunice Lewis all my real and personal estate, except such of my personal estate as is hereinafter otherwise bequeathed, whether it consist of lands and tenements, goods and chattels, or moneys due to me on bonds, notes or otherwise, for her own use and benefit so long as she remains my widow, or during her natural life.” And after giving a legacy of five dollars to his daughter Polly Tucker, to be…
1Opinion of the CourtStrong, J.
Legacies payable at a future day are vested, or contingent, according to the intention of the testator. Ordinarily, such intention is clearly manifested by the language in the will. But it sometimes happens that the phraseology is obscure, or that the testator has used terms in a sense different from that generally given to them; or that he wishes to accomplish objects so inconsistent with each other that all cannot prevail. In such cases, it is difficult to arrive at a satisfactory conclusion ; and it is not at all surprising that the decisions have conflicted with each other. Where the…
2Cited by7 opinions
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- Succession of HopkinsSupreme Court of Louisiana · 1881
- Cummings v. FisherNew York Supreme Court · 1808
- In re the Judicial Settlement of the Account of HohmanNew York Supreme Court · 1885
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