Legal Opinion

Radley v. . Kuhn

New York Court of Appeals

Decided October 7, 1884PublishedCited by 16 opinions

Appeals from certain portions of a judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made July 11, 1883, which modified a decree of the surrogate of the'county of ¡New York, rendered upon probate of the will of Michael Kuhn, deceased, so far as the same gave a judicial construction to said will. (¡Reported below, 28 Hun, 573.) The following is a copy of the provision of the will in question: “ Second.

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Appeals from certain portions of a judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made July 11, 1883, which modified a decree of the surrogate of the'county of ¡New York, rendered upon probate of the will of Michael Kuhn, deceased, so far as the same gave a judicial construction to said will. (¡Reported below, 28 Hun, 573.) The following is a copy of the provision of the will in question: “ Second. I give, devise and bequeath unto my executors hereinafter named, the houses and premises known as numbers 472 Eighth avenue, and 496…

1Opinion of the CourtRapallo, J.

The general design of the testator appears to have been, to give to each of his grand-children, W. P. and Thos. J. Eadley, the sum of $700, payable at his majority; and to provide for the payment of those legacies out of the rents of the premises, No. 472 Eighth avenue; subject to those payments to give the income of the property to his son Charles Henry Kuhn during his life, and the remainder in fee to the children of Charles Henry on their coming of age; and to give or secure the income of the premises 496 Ninth avenue to the testator’s daughters, Matilda and Margaret, during their lives,…

2Cases cited1 opinion

  1. Manice v. . ManiceNew York Court of Appeals · 1871

3Cited by16 opinions

  1. Penfield v. TowerNorth Dakota Supreme Court · 1890
  2. Brizendine v. American Trust & Savings BankSupreme Court of Alabama · 1924
  3. Monypeny v. . MonypenyNew York Court of Appeals · 1911
  4. Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903
  5. Smith v. Havens Relief Fund SocietyNew York Supreme Court · 1904

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