« 이전계속 »
REPORTED IN THIS VOLUME.
Allen v. Smith,.......
Cook, Spraker v....... 567
Bagley v. Peddie,
Barton, Rens, and Wash. Plank
Beach, Gilbert v.
Bennett, Walter V......
Caldwell, Collomb v....
Callaghan, Darby V.....
Kain v. Masterton,
Peddie, Bagley v.
People, ex rel. N. Y. Mut. Life
Ins. Co., v. Supervisors of N.Y., 424
Kellogg's Executors, Wall v. ...
Perrin, Dows v
Terry v. Chandler,...... ..... 351
Titus v. Orvis, ...
Russell v. Livingston,....
A testator cannot, in his will, reserve a right to qualify, by an unattested writ.
ing, a transaction which, at the time of such writing, shall have already passed and taken effect, or which was the act of another person, so as by means thereof to affect legacies or other provisions in his testamentary papers. He cannot alter his will otherwise than by an instrument attested in the same manner as required to give it effcct as a will. A testator may, however, make his testamentary gifts dependent upon the happening of any event in the future, whether in his lifetime or afterwards. He may, therefore, provide that a legacy shall not be payable, if in his lifetime he shall give to the legatee an amount equal to such legacy; and he may add to the condition the further requirement that any advancement he may make shall, in order to be applied on
account of the legacies, be charged to the legatee on his books of account. Such entries, made in the usual course of business, and at the time of parting
with the subject of the advancements, are parcel of the res gesta, a feature of the transaction itself. Otherwise of an entry which might be made relat. ing to a gift to the legatee by a third person; such a gift being res inter alios, and not having in its own nature any operation in regard to the testator and his proposed testamentary provisions, the testator can give no effect
to it, by way of qualifying his own bequest, by an unattested writing. The testator, by the second codicil to his will, which was executed primarily,
January 9th, 1839, bequeathed to his daughter, the plaintiff, the income of $100,000, deposited in the New-York Life Insurance and Trust Company, and bearing interest at five per cent per annum, to receive (directly, or, in SMITH.- VOL. II.