Wyman v. Woodbury
New York Supreme Court
Appeal from special term, New York county. Action by John Wyman, Levi P. Morton, and John Gr. Richardson, as executors of the will of Lizzie N. Perkins, deceased, against Ellen G. Woodbury and others, to obtain a judicial construction of said will. From a judgment construing the will, defendant Woodbury appeals.
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Appeal from special term, New York county. Action by John Wyman, Levi P. Morton, and John Gr. Richardson, as executors of the will of Lizzie N. Perkins, deceased, against Ellen G. Woodbury and others, to obtain a judicial construction of said will. From a judgment construing the will, defendant Woodbury appeals. September 23, 1891, Lizzie N. Perkins, aged about 60 years, died at Paris, France, leaving her father, Thomas Harward, her sole heir and next of kin, who died November 30, 1891, aged 103 years, 8 months, and 15 days, leaving an estate of considerable value. He left no descendants, and…
1Opinion of the CourtFollett, J.
The plaintiffs, executors of Lizzie N. Perkins, have not espoused the cause of any of the litigants, and do not contend for any particular interpretation of the will, but simply ask the court to construe it so they may be relieved from liability. Ellen C. Woodbury has appealed from the whole of the judgment, but in fact she challenges only that part of it adjudging to be void the clause: “I appoint Ellen C. Woodbury my legatee, and give to her all not before specified in this, and request her to give as I may direct or sell from what remains.” The sole question discussed at the bar of this…
2Cases cited7 opinions
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- In Re the Probate of the Will of KelemanNew York Court of Appeals · 1891
- Succession of EhrenbergSupreme Court of Louisiana · 1869
- Laing v. BarbourMassachusetts Supreme Judicial Court · 1876
- In re Estate of PfuelbCalifornia Supreme Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Urban v. FossatiCourt of Appeals of Texas · 1954
- In re the Estate of JudgeNew York Surrogate's Court · 1931
- Walker v. ShugertSupreme Court of Pennsylvania · 1928
- Estate of Whitcomb, Superior Court of California, County of San Francisco1890