Johnston v. Johnston

This is an action in equity wherein plaintiff seeks to set aside a sale of a decedent’s real estate made under an order of the Surrogate’s Court pursuant to subdivision 6 of section 234 of the Surrogate’s Court Act; also plaintiff seeks other incidental relief.

The property in question was owned by Charles H. Johnston, who died about February 2, 1917, leaving a will whereby he gave all of his property to his wife “ Lillie ” (Lillian) Johnston “ so long as she shall live and shall remain a widow.” Upon the death or remarriage of his said wife, testator gave to his son Harvey T. Johnston the sum…