New York Court of Appeals

Nicholas F. Palmer, Executors v. Matthew Horn, Appellants

March 15, 188184 N.Y. 516

Summary

The New York Court of Appeals affirmed the lower court's construction of a will clause, holding that the term “children” refers only to the immediate offspring of Matthew Horn and does not include his grandchildren. The court based this on established rules of will construction that give words their primary meaning unless the testator clearly indicates otherwise.