Ritch v. . Hawxhurst
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 23, 1886, which reversed a judgment in favor of plaintiff, entered upon a decision of 'the court without a jury, and granting a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 23, 1886, which reversed a judgment in favor of plaintiff, entered upon a decision of 'the court without a jury, and granting a new trial. This action was brought to recover upon two notes made by the defendant, with his seal affixed, of dates November 10, 1869, and March 11, 18J0, for $500 and $400, payable to Nathaniel O. Hawxhurst, “ or to his executors or administrators,” with interest, the former at five and the latter at six per cent. The payee afterwards died…
1Opinion of the CourtBradley, J.
This will furnishes an instance of some obscurity in the declaration of a very simple purpose of the testator. And from its provisions, aided in construction, so far as it [legitimately may be, by circumstances disclosed, it must be determined what his intention was in respect to the use or disposition to be made of the notes in question. When the language of a provision of a will is plain and free from ambiguity, effect must be given to its import. When it is equivocal, the intention of the testator in the use of the language employed by him, must be sought for by reference to all the…
2Cases cited3 opinions
- Lytle v. . BeveridgeNew York Court of Appeals · 1874
- Chase v. EwingNew York Supreme Court · 1868
- Green v. HowellSupreme Court of Pennsylvania · 1843
3Cited by15 opinions
- In re the Judicial Settlement of the Account of LummisNew York Surrogate's Court · 1917
- Armstrong v. GalushaAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Estate of MacnealNew York Surrogate's Court · 1940
- In re the Estate of GorschNew York Surrogate's Court · 1918
- In re Howard's EstateNew York Surrogate's Court · 1893
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