issue would vest in the surviving beneficiaries. | invested for the purchase of an annuity.-Reid Will construed, and notwithstanding the in- *The power of executors under a will to se- *Will construed, and testator's intendment Will construed, and if a certain sum derived *An appointee under a will could either ac- *Beneficiaries in a will effecting an equitable *Devisees in a will entitled to take on the *A legacy of stock held to be general and not *Intent to charge general legacies on real es- A will held to create a trust requiring the *Where a will creates a trust but connects 726. *A will creating a valid general trust and *A residuary clause may be general, even *Will construed, and certain legacies held A will construed, and held to make certain *"Issue" as used in a will held to embrace *Will construed, and rights of beneficiaries un-§ § 6. Rights and liabilities of devisees Where an executrix under the will is requir- 106 N.Y.S.-78 *Interest should be allowed on legacies from Where there is an excess of assets or of what *Where there is merely a bequest of stock, WITNESSES. See "Depositions"; "Evidence." Credibility of as question for jury, see "Trial." *The patient when a witness can no more *The relation of physician and patient being 221. 2. Examination. On cross-examination, counsel held not bound *The right of a voter to protection against *Point annotated. See syllabus. WAYS. and 140 New York State Reporter Private rights of way, see "Easements." presumption that he practiced undue influence on testator.-In re Thompson's Will (Sup.) 111. Evidence examined, and held insufficient to by undue influence.-In re Thompson's Will (Sup.) 111. Public ways, see "Highways"; "Municipal Cor- show that the execution of a will was obtained porations," § 6. Courts of probate, see "Courts," § 4. Restriction on perpetuities, see "Perpetuities." Right of devisee to maintain partition, see "Partition," § 1. Termination of power created by will, see "Powers," § 1. § 1. Nature and extent of testamentary power. Where testator gave the residue of his estate to his wife for life, and then made certain charitable bequests, computation to determine excess thereof, under Laws 1860, p. 607, c. 360, should be based on the actual duration of the life estate and not on the probability of its duration at the testator's death.-In re Runk (Sur.) 851. § 2. Testamentary capacity. *A will by a drunkard is valid, if at the time of its execution he knew the nature and disposition of his estate and his relations to those having any claim on his bounty.-In re Tifft's Will (Sur.) 362. Will admitted to probate against the objection that testator's testamentary capacity was affected by his habits of habitual intoxication. -In re Tifft's Will (Sur.) 362. *Evidence held insufficient to show incompetency of testator on account of drunkenness.In re Feeney's Will (Sur.) 464. Evidence held insufficient to show mental incapacity of testator.-In re Armstrong's Will (Sur.) 671. 3. Requisites and validity. The mere fact that the draughtsman of a will is made executor or a trustee does not raise any That testatrix's will named her attorney executor held not to raise a presumption of undue influence against the will.-In re Marlor's Will (Sup.) 131. *Revocation of probate of will because of undue influence denied.-In re Wilcox's Estate (Sur.) 468. § 4. Probate, establishment, and annulment. *In order to submit to the jury the question as to whether testator was of sound mind at the execution of the codicil, evidence must show incondition of his property, to remember his resufficient mental capacity to understand the lations and the scope of the provisions of the codicil.-Shayne v. Shayne (Sup.) 34. *The probate of a last will will be set aside incapacity of the testator or the exercise of unonly where there is substantial proof of mental due influence.-Shayne v. Shayne (Sup.) 34. *In an action under Code Civ. Proc. § 2653a, to set aside probate of codicil, plaintiff must overcome the presumption of the due execution by a preponderance of the evidence.-Shayne v. Shayne (Sup.) 34. Legatee under Code Civ. Proc. § 2617, cannot intervene to oppose probate of will where he would acquire less under a prior will of testator.-In re Hoyt's Will (Sur.) 359. *Where expert testimony as to the testamentary capacity of testator is in conflict with that of subscribing witnesses, one of whom is a physician, the testimony of the subscribing witnesses should prevail. In re Tifft's Will Sur.) 362. the surrogate has no jurisdiction to construe *In a proceeding for the revocation of a will, its provisions. In re Wilcox's Estate (Sur.) 468. *Will offered for probate executed by a mark, the attesting witness being dead, admitted to probate under Code Civ. Proc. § 2620.-In re Foley's Will (Sur.) 474. *Husband alone held entitled to object to bequest of more than one-half of wife's estate to a religious corporation as in violation of Laws 1860, p. 607, c. 360.-In re Eldredge's Estate (Sur.) 1036. § 5. Construction. Will construed, and on death of remainderman pending the life of the life tenant his share passed to his children and the devisees of the testator free from all claims of his creditors.Hall v. Senior (Sup.) 29. *Will construed, and held to show no intent to charge a legacy on the real estate.-Bankers' Trust Co. v. Dietz (Sup.) 32. Will construed, and held that share of deceased grandchild dying after testator without *Point annotated. See syllabus. |