Lowenhaupt v. Stanisics
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles G-. Stanisics, individually and as executor of and trustee under the last will and testament of Henry Johnson, deceased, and others, from a judgment of the Supreme Court in favor of the plaintiff and the infant defendants, Henry J. Lowenhaupt and others, entered in the office of the clerk of the county of Kings on the 5th day of January, 1903, upon the decision of the court, rendered after a trial at the Kings County Special Term, construing…
Read the full summary
Appeal by the defendants, Charles G-. Stanisics, individually and as executor of and trustee under the last will and testament of Henry Johnson, deceased, and others, from a judgment of the Supreme Court in favor of the plaintiff and the infant defendants, Henry J. Lowenhaupt and others, entered in the office of the clerk of the county of Kings on the 5th day of January, 1903, upon the decision of the court, rendered after a trial at the Kings County Special Term, construing the will of Henry Johnson, deceased.
1Opinion of the Court
Willard Bartlett, J.:
This is an action to construe the will of Henry Johnson, who died on April 18, 1891, leaving him surviving his widow, Martha Jane Johnson, and the .plaintiff, his only child. The plaintiff’s husband, Henry Lowenhaupt, and the eight children of the marriage, all of whom are infants, were defendants in the action, but are not parties to this appeal. The appellants are nephews and nieces of the testator. ■
The will gave the income of all the testator’s property to his widow for life and after her death, by the 6th paragraph, fifty dollars a month to the plaintiff, and a…
2Cases cited2 opinions
- Hascall v. . KingNew York Court of Appeals · 1900
- West v. PlaceNew York Supreme Court · 1894
3Cited by1 opinion
- Pruyn v. SearsNew York Supreme Court · 1916