New York Court of Appeals

William E. Taylor, Executors v. Maria Dodd, Respondents

September 22, 187458 N.Y. 335

Summary

The New York Court of Appeals affirmed the lower court's judgment, holding that the testator's real estate may be used to aid the personal estate in paying legacies and that specific legatees are entitled to their gifts without abatement for debts. The Court based its decision on an inferred intent from the language of the will and on established principles protecting specific legacies.