Carr v. Smith
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendant, Emily A. Smith, as sole executrix, etc., of Edmund A. Smith, deceased, from a judgment of the Supreme Court in favor of- the- plaintiff,, entered in the office of the clerk of the county of Hew York on the 16th day of July, 1897, upon the report of a referee, and also from an order entered in said clerk’s office on the 16th day of July, 1897, granting the plaintiff an extra allowance.
1Opinion of the Court
Rumsey, J.:
The 3d provision of the 5th clause of the will .of Edmund A. Smith, deceased, was as follows : “I direct my executors to invest the sum of $20,000 in safe and productive securities and pay the income arising therefrom semi-annually, to my mother, Hannah Smith, during her natural life, and after her death to divide the principal sum between Lewis Adam Wilson and Annie Louisa Wilson and Annie Smith, the daughter of my deceased brother, Abel, share and share alike.” Mrs. Hannah Smith, the person to whom the income of this fund was payable for life, is dead, as also is Annie Smith, one…
2Cases cited5 opinions
- Smith v. . EdwardsNew York Court of Appeals · 1882
- Goebel v. . WolfNew York Court of Appeals · 1889
- Bowditch v. . AyraultNew York Court of Appeals · 1893
- Nelson v. . RussellNew York Court of Appeals · 1892
- Matter of MurphyNew York Court of Appeals · 1895
3Cited by16 opinions
- Fell v. McCreadyAppellate Division of the Supreme Court of the State of New York · 1932
- In re the Estate of CurleyNew York Surrogate's Court · 1936
- In Re Murphy's EstateMontana Supreme Court · 1935
- In re the Estate of HilliardNew York Surrogate's Court · 1937
- Sleeper v. KillionSupreme Court of Iowa · 1917
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