Ludwig v. Bungart
New York Supreme Court
Action for the construction of the following clause of the will ■of Christiana Bungart, deceased, viz.: “ I give and bequeath to my beloved friend Margaret Ludwig '* * * all my household furniture and store with contents of house known as 2STo. 29 Hamilton avenue The testator owned the said house and lived in it, and kept a retail cigar store on the ground floor.
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Action for the construction of the following clause of the will ■of Christiana Bungart, deceased, viz.: “ I give and bequeath to my beloved friend Margaret Ludwig '* * * all my household furniture and store with contents of house known as 2STo. 29 Hamilton avenue The testator owned the said house and lived in it, and kept a retail cigar store on the ground floor. In the store at her death was a safe in which were $850 in money, two watches of her deceased husband and son and a few other articles of jewelry of small value. The executor has delivered to the plaintiff the entire contents of the…
1Opinion of the Court
Gaynor, J.:
The giving of the relief which the plaintiff prays for is all within the jurisdiction of the Surrogate on the accounting of the executor and the distribution of the estate, or in a proceeding for the collection of his legacy instituted by the plaintiff, as pointed out when this ease was first *178tried (26 Misc. Rep. 247). The Surrogate would have to decide the very question here presented. The action is nothing but one for an accounting in part as to the personalty left by the testator. No special reason whatever exists, or is pleaded, for invoking the jurisdiction and aid of equity.…
2Cases cited5 opinions
- Chipman v. . MontgomeryNew York Court of Appeals · 1875
- Wager v. . WagerNew York Court of Appeals · 1882
- Ludwig v. BungartAppellate Division of the Supreme Court of the State of New York · 1900
- Strong v. StrongNew York Supreme Court · 1895
- Ludwig v. BungartNew York Supreme Court · 1899
3Cited by12 opinions
- In re the Probate of the Last Will & Testament of DelaneyAppellate Division of the Supreme Court of the State of New York · 1909
- In re JonesNew York Surrogate's Court · 1926
- Winkler v. WoodruffCourt of Chancery of Delaware · 1935
- Fenton v. FentonNew York Supreme Court · 1901
- In re the Estate of WhitfordNew York Surrogate's Court · 1933
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