Terry v. Rector of St. Stephen's Protestant Episcopal Church
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Rector* Church Wardens and Vestrymen of St. Stephen’s Protestant Episcopal Church of the Village of New Hartford, New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of. the county of Oneida on the 12th day of September, 1902, upon the decision of the court, rendered after a trial at the Oneida Special Term, setting aside certain transfers of personal property.
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Appeal by the defendant, The Rector* Church Wardens and Vestrymen of St. Stephen’s Protestant Episcopal Church of the Village of New Hartford, New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of. the county of Oneida on the 12th day of September, 1902, upon the decision of the court, rendered after a trial at the Oneida Special Term, setting aside certain transfers of personal property. This action was 'brought to set aside a transfer by the widow, the life beneficiary under the will of Morgan Butler, of certain stock constituting…
1Opinion of the Court
Judgment affirmed, with costs, upon opinion of Merwin, J., delivered at Special Term.
Adams, P. J., Spring, Williams and Hiscock, JJ., concurred.
The following is the opinion of Merwin, J., delivered at Special Term:
Merwin, J.:
The controversy in this case involves the construction of the. residuary clause in the will of Morgan Butler, who died on August 3, 1892, leaving him surviving his widow, Marianne H. Butler, but no descendants, His only heirs and1 next of kin were two sisters and two nieces, the latter being the plaintiffs in this action. He left real estate to the value of $18,000 and…
2Cases cited6 opinions
- Campbell v. . BeaumontNew York Court of Appeals · 1883
- Leggett v. . FirthNew York Court of Appeals · 1892
- In Re the Appeal From the Assessment of Taxes Upon the Legatees, Under the Will of CagerNew York Court of Appeals · 1888
- Swarthout v. . RanierNew York Court of Appeals · 1894
- Thomas v. WolfordNew York Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re the Accounting of Ithaca Trust Co.New York Court of Appeals · 1917
- Vincent v. PutnamNew York Supreme Court · 1926
- In re the Estate of HaddenNew York Surrogate's Court · 1942
- In re TreleaseNew York Surrogate's Court · 1906
- In re the Estate of CushmanNew York Surrogate's Court · 1932