Manier v. Phelps
New York Supreme Court
Trial by the court. The action was brought by James W. Manier as surviving executor of the will of Robert S. Phelps, deceased, against William Gh Phelps and others, heirs at law and next of kin of the deceased, and the residuary legatees, for the construction of said will. The material facts fully appear in the opinion.
1Opinion of the CourtMartin, J.
This was an action for the construction of the will of Robert S. Phelps, deceased. The will was executed on the 14th day of July, 1881. By the first clause the testator gave to James W. Manier 250 shares of Susquehanna Valley bankstock in lieu of all claims for fees as executor of his will. By the second, he gave to Lizzie, Freddy and Frank Smith each the sum of $10,000. By the third, he gave to Andrew Jackson, $2,000. The fourth clause provided that if he should die leaving any child or children, the remainder of his estate should be equally divided between his wife and such child or…
2Cases cited12 opinions
- Downing v. . MarshallNew York Court of Appeals · 1861
- Stevenson v. . LesleyNew York Court of Appeals · 1877
- Teed v. . MortonNew York Court of Appeals · 1875
- Hoppock v. . TuckerNew York Court of Appeals · 1874
- In Re the Judicial Settlement of the Accounts of the ExecutorsNew York Court of Appeals · 1883
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3Cited by5 opinions
- In re the Estate of RichardsNew York Surrogate's Court · 1934
- In re the Judicial Settlement of the Account of PrenticeAppellate Division of the Supreme Court of the State of New York · 1898
- Adams v. BergerNew York Supreme Court · 1891
- Moffett v. ElmendorfNew York Supreme Court · 1894
- Stone v. StoneWisconsin Supreme Court · 1916