21 A.D. 484 | N.Y. App. Div. | 1897
The following is the opinion of the justice delivered at Special Term:
By the terms of her will the testatrix directs her debts and funeral expenses to be paid, and then gives, devises and bequeaths to her daughter, the defendant in this action, certain real estate- in this city, together with' her furniture and jewelry, “ and other personal property; also money belonging to me on deposit to her credit. Excepting from said personalty, however, the business now carried on by me and license pertaining to the same, and excepting also the disposition of moneys belonging to me now on deposit in her name.” Immediately following this provision is a bequest by testatrix to her son William, the plaintiff in this action, of the business carried on by hfer, together with the license under which such business was conducted, being the property which in terms she had previously excepted from the bequest in favor of the defendant. In the same clause she gives the following direction: “ And I direct my daughter Isabella, out of the moneys belonging to me on deposit in her name, to pay my said son the sum of' $1,500.” In addition to the above, the testatrix also bequeathed to the children of a deceased daughter the sum of $50 each, when. they severally attained the age of twenty-one years, “ to be paid out of the moneys on deposit in the.name of my daughter Isabella.” The reason given "by her- in her will for the smallness of this bequest is that she had already advanced and expended the sum of $1,000 on behalf of the