Ametrano v. Downs
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elizabeth F. Ametrano, individually and as administratrix with the will annexed of Margaret Shelley, deceased, from so much of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 31st day of December, 1900, upon the decision of the court rendered after a trial at the Kings County Special Term, as adjudged a portion of the will of Margaret Shelley, deceased, to be inoperative,…
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Appeal by the plaintiff, Elizabeth F. Ametrano, individually and as administratrix with the will annexed of Margaret Shelley, deceased, from so much of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 31st day of December, 1900, upon the decision of the court rendered after a trial at the Kings County Special Term, as adjudged a portion of the will of Margaret Shelley, deceased, to be inoperative, and directed the distribution of her estate among her next of kin.
1Opinion of the Court
Woodward, J.:
Margaret Shelley, deceased, made, executed and published her last will and testament on the 12th day of March, 1891. By this will she undertook to dispose of her property, the sole beneficiary being the plaintiff herein, in the following words :
“ Second. I give, devise and bequeath my one-half interest in the building known as number twenty-two (22) Oliver' street in the Fourth Ward.of the City of New York, unto my daughter Lizzie, wife of Emanuel Amotrono,* of the City of Brooklyn, County of Kings, State of New York, and to her heirs and assigns forever.”
Mrs. Shelley owned the…
2Cases cited2 opinions
- Beck v. McGillisNew York Supreme Court · 1850
- McNaughton v. . McNaughtonNew York Court of Appeals · 1866
3Cited by9 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- In re the Estate of RubinsteinNew York Surrogate's Court · 1938
- In re the Estate of HilpertNew York Surrogate's Court · 1937
- In re the Accounting of BarnettAppellate Division of the Supreme Court of the State of New York · 1957
- In re the Judicial Settlement of the Estate of WarnerNew York Surrogate's Court · 1902
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