Wager v. . Wager
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made May 17, 1880, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Reported below, 21 Hun, 93.) This action was brought to obtain a judicial construction of the will of William Wager, deceased. The material facts are stated in the opinion.
1Opinion of the CourtEapallo, J.
The plaintiffs are next of kin and heirs at law of William Wager, deceased, and claim to be entitled to share in his residuary estate which, as they allege, is undisposed of by his will. The defendant, Eliza H. Wager, is the widow and executrix of the testator, and has taken possession of all the property and estate which he had at the time of his death, and claims to hold and own the same' in her own right, to the exclusion of the plaintiff and other heirs and next of kin, and claims that by said will the whole of said property and estate belongs to her as devisee and legatee, absolutely.
By…
2Cases cited3 opinions
- Post v. . HoverNew York Court of Appeals · 1865
- Chipman v. . MontgomeryNew York Court of Appeals · 1875
- Bowers v. SmithNew York Court of Chancery · 1843
3Cited by81 opinions
- Brewster v. GageSupreme Court of the United States · 1930
- Lawrence v. . LittlefieldNew York Court of Appeals · 1915
- Read v. . WilliamsNew York Court of Appeals · 1891
- Sanders v. . SoutterNew York Court of Appeals · 1891
- Underwood v. . CurtisNew York Court of Appeals · 1891
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