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2 Dem. Sur. 633

Tighe v. Nelson

New York Surrogate's Court

Decided May 15, 1884

New York Surrogate's Court · decided 1884-05-15

The testatrix, by tílq first clause of her will, gave her piano to two young ladies; by the second clause she gave to one of those young ladies her best bureau, bed and bedding, wash stand and commode; by the third clause, to Elizabeth Maria Tighe the portrait of Mrs. Tighe’s grandfather, and a picture of Richmond; by the fourth clause she gave and devised to Lavinia Nichols Pinckney her house and lot wherein she resided, “and also the following personal property and…

Decided 1884-05-15

The Surrogate.

¶1I think the objection, relating to the claim of Mrs. Tighe to jewelry, pictures, etc., must be overruled. The testatrix specifically bequeathed a piano, certain articles of furniture, a certain portrait and a picture to persons named in her will. She then proceeded to bequeath certain “personal property and furniture” specifically to Mrs. Pinckney, among which -were mantel ornaments and a portrait of her late husband, and. also all her household furniture and effects in the house “ not hereinbefore specifically bequeathed. ’ ’ She had, therefore, specifically' bequeathed to others, as well as to Mrs Pinckney, articles which were mostly ejusdem generis with those covered by the objection. Her use of the phrase “personal property and. fur*635niture ” indicates that she distinguished between the two kinds o£ property, and I think she intended to maintain this distinction when she used the other phrase “household furniture and effects therein,” and that, consequently, Mrs. Pinckney was entitled to all of the articles delivered to her.

¶2The other objections raised have not been discussed, and I, therefore, regard them as abandoned.

¶3Decreed accordingly.

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