Church v. Wilson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary M. Church, from a judgment of the Supreme Court in favor of the- defendants, entered in the office of the clerk of the county of Niagara on the 21st day of February, 1912, upon the decision of the court rendered after a trial before the court without a jury at the Niagara Trial Term.
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Appeal by the plaintiff, Mary M. Church, from a judgment of the Supreme Court in favor of the- defendants, entered in the office of the clerk of the county of Niagara on the 21st day of February, 1912, upon the decision of the court rendered after a trial before the court without a jury at the Niagara Trial Term. Action for a judicial construction of the Jth clause of the will of Timothy H. Pettit, deceased.' ■ Pettit died on the 15th day of July, 1911, leaving a widow and the plaintiff, his daughter, and two other children and five grandchildren, all of whom are parties to this action. He…
1Opinion of the Court
Foote, J.:
We think the intent of testator, as expressed in the 6th and ^th clauses of his will, was to give his widow an estate for life in the residue of his real and personal property, with the right to use the principal of the personal property, if necessary, and at her death to give the use and income of what was left, the real'property being converted into personal property, one-third to each of his three children during life, with remainder to vest on the death of each in his or her surviving children, or, in the alternative, if any child should leave no surviving child, then a further…
2Cases cited5 opinions
- Schettler v. . SmithNew York Court of Appeals · 1869
- In Re the Accounting of WilcoxNew York Court of Appeals · 1909
- Monarque v. . MonarqueNew York Court of Appeals · 1880
- Fowler v. DepauNew York Supreme Court · 1857
- In re the Judicial Settlement of the Account of WilcoxAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by21 opinions
- Carrier v. . CarrierNew York Court of Appeals · 1919
- Matter of TrevorNew York Court of Appeals · 1924
- In re the Estate of DeilenNew York Surrogate's Court · 1935
- Central Trust Co. v. FalckAppellate Division of the Supreme Court of the State of New York · 1917
- In re TrevorNew York Surrogate's Court · 1922
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