Oxley v. . Lane
New York Court of Appeals
Action in the Supreme Court to obtain a judicial construction of the last will of Daniel Lane, deceased. The will, which was executed on the 14th of September, 1861, - first directed the executors to pay the testator’s debts and funeral charges, and then proceeded as follows: “ 2d.
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Action in the Supreme Court to obtain a judicial construction of the last will of Daniel Lane, deceased. The will, which was executed on the 14th of September, 1861, - first directed the executors to pay the testator’s debts and funeral charges, and then proceeded as follows: “ 2d. I give and bequeath unto my wife, Eosetta, the use of my homestead and farm, including the Willetts place, together with all my household furniture, farming implements, and stock on the farm, until my youngest child becomes of the age of twenty-one years, in trust, to be used and occupied by my said wife, for a…
1Opinion of the CourtSmith, J.
The main questions arising upon the will of the testator relate to the construction of the eighth item, and its effect upon the other parts of the will. In order to determine those questions properly, it will be useful, first, to examine the preceding items, and ascertain their meaning, independently of the eighth item.
There is no question respecting the first item, it being merely a direction to the executors to pay the testator’s debts and funeral charges.
By the second item, the testator gave to his wife the use of his homestead and farm, with all his household furniture, farming implements…
2Cases cited9 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Tyson v. . BlakeNew York Court of Appeals · 1860
- Tucker v. . BishopNew York Court of Appeals · 1857
- Parks v. ParksNew York Court of Chancery · 1841
- De Kay v. Irving & De KayCourt for the Trial of Impeachments and Correction of Errors · 1846
4 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- In re Estate of WalkerlyCalifornia Supreme Court · 1895
- In Re the Will of HornerNew York Court of Appeals · 1924
- In Re the Accounting of WilcoxNew York Court of Appeals · 1909
- Vanderpoel v. . LoewNew York Court of Appeals · 1889
37 more not listed; retrieve them via the Exa API.