Willets v. Willets
New York Court of Appeals
Appeal from a judgment of the general term of the first department which reversed a judgment of the special term. .The action was brought by Robert Willets and others, as executors of the will of Samuel Willets, deceased, against Sarah A. Willets and others, for the construction of the will, and the determination of the validity of a clause (designated as the ninth) which was as follows: “ I do give and bequeath to [here he named seven persons, relatives or friends] the…
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Appeal from a judgment of the general term of the first department which reversed a judgment of the special term. .The action was brought by Robert Willets and others, as executors of the will of Samuel Willets, deceased, against Sarah A. Willets and others, for the construction of the will, and the determination of the validity of a clause (designated as the ninth) which was as follows: “ I do give and bequeath to [here he named seven persons, relatives or friends] the survivors and survivor of them, the sum of one hundred thousand dollars, relying .upon them, to dispose of the same for the…
1Opinion of the CourtGeorge P. Andrews, J.
[After disposing of some minor questions.] With regard to the nintli bequest I am unable to concur in the views of the counsel for the executors, and of legatees named in the provision of the will therein referred to. As was said by the court in reference to a similar provision in a will: “ It is an attempt to create a trust not authorized by the laws of this State ” (Lefevre v. Lefevre, 2 Supm. Ct. Rep. [T. & C.] p. 341).
It seems to me that the intention of the testator is clear.
He leaves $100,000 to the seven persons named, who are to take and hold the money, not severally, but jointly, and…
2Cases cited18 opinions
- White v. . HowardNew York Court of Appeals · 1871
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Levy v. . LevyNew York Court of Appeals · 1865
- Shipman v. . RollinsNew York Court of Appeals · 1885
- Power v. . CassidyNew York Court of Appeals · 1880
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