Moak v. Moak
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph E. Moak, from a judgment of the Supreme Court in favor of the defendant Joseph II. Snyder, entered in the office of the clerk of the county of Schoharie on the 26tli day of February, 1895, upon the decision of the court rendered after a trial at the Schoharie Circuit before the court without a jury, dismissing the plaintiff’s complaint as to said defendant. The will of Katherine Donaldson was as follows : “ First.
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Appeal by the plaintiff, Joseph E. Moak, from a judgment of the Supreme Court in favor of the defendant Joseph II. Snyder, entered in the office of the clerk of the county of Schoharie on the 26tli day of February, 1895, upon the decision of the court rendered after a trial at the Schoharie Circuit before the court without a jury, dismissing the plaintiff’s complaint as to said defendant. The will of Katherine Donaldson was as follows : “ First. I give and bequeath to my grandson, Leroy Snyder, 44 acres of land on the westerly side of my homestead farm, to be cut off by a line running…
1Opinion of the Court
Parker, P. J.:
Katherine Donaldson, by her last will and testament, which was admitted to probate in Schoharie county November 2, 185J, made the following devise : “ Second. I give and bequeath to my granddaughter, Maria Moak (wife of Jacob M. Moak), all the remaining easterly part of my homestead farm, and the westerly half of a six-acre lot lying on the north side of the highway, to have and to hold the' same during her natural life, and after her decease to her heirs and assigns forever; ” and the single question presented by this appeal is, whether Maria Moak, by such devise, took any…
2Cases cited4 opinions
- Phillips v. . DaviesNew York Court of Appeals · 1883
- Byrnes v. . StilwellNew York Court of Appeals · 1886
- Chrystie v. . PhyfeNew York Court of Appeals · 1859
- Goetz v. BallouNew York Supreme Court · 1892
3Cited by5 opinions
- In re the Judicial Settlement of Account of Proceedings of the Central Trust Co.New York Surrogate's Court · 1899
- In re the Judicial Settlement of the Account of Proceedings of The Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Trask v. SturgesNew York Supreme Court · 1900
- In re the Construction of the Will of WeeksNew York Surrogate's Court · 1950
- Vande Mark v. WoodwardAppellate Division of the Supreme Court of the State of New York · 1945