Van Alstyne v. . Van Alstyne
New York Court of Appeals
Appeal from a judgment of the Supreme Court, in an action brought to recover the amount of two promissory notes executed by the defendant to the plaintiffs’ testator, of which the following are copies: “$1157. For value received, I promise to pay Adam Van Alstyne, or bearer, eleven hundred and fifty-seven dollars, with interest from date. Stuyvesant, November 1,1854. P. Edward Van Alstyne.”
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Appeal from a judgment of the Supreme Court, in an action brought to recover the amount of two promissory notes executed by the defendant to the plaintiffs’ testator, of which the following are copies: “$1157. For value received, I promise to pay Adam Van Alstyne, or bearer, eleven hundred and fifty-seven dollars, with interest from date. Stuyvesant, November 1,1854. P. Edward Van Alstyne.” “$1000. One year after date, for value received, I promise to pay Adam Van Alstyne, or bearer, one thousand dollars, with use. Stuyvesant, April 1, 1856. P. Edw’d Van Alstyne.” [Indorsed.] “1857, April 6.…
1Opinion of the CourtSelden, J.
Although, as a general rule, a will of personal property is held to speak as if made at the time of the death of the testator, yet, where there is any thing in the nature of the bequest, or in the language in which it is made, to show that the testator intended to confine his gift to the subject of the bequest as it existed at the time of the making of the will, its construction will be governed by such in ten-' tion. (8 Paige, 116.) Words of present tense have often, though not uniformly, been held thus to limit the subject of the gift. (1 Jarman on Wills, 278, 279.) My interpreta-tion of…
2Cases cited1 opinion
- Carman v. . PultzNew York Court of Appeals · 1860
3Cited by20 opinions
- In Re the Judicial Settlement of the Accounts of CallisterNew York Court of Appeals · 1897
- Anderson v. CranmerWest Virginia Supreme Court · 1877
- In re the Estate of GreenbergNew York Surrogate's Court · 1931
- Kimball v. KimballMichigan Supreme Court · 1867
- Rogers v. . RogersNew York Court of Appeals · 1897
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