Steinele v. Oechsler
New York Surrogate's Court
Application by Elizabeth Steinele, for the payment of a legacy; opposed by Margaret Oechsler, the executrix. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
The executrix does not deny any of the facts on which the petitioner’s claim rests, but she simply says that the petitioner’s legacy is not yet payable by the terms of the will. This does not raise such an issue as requires the petition to be dismissed under section 3718 of the Code. No issue of fact is raised; it is not even denied that the petitioner has a valid claim against the estate; it is only the time of its payment which is disputed; it is purely a question as to the construction of the testator’s will, which it is clearly within this court’s jurisdiction to decide,…
2Cases cited5 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- Downing v. . MarshallNew York Court of Appeals · 1861
- Cushman v. . HortonNew York Court of Appeals · 1874
- Hoyt v. HiltonNew York Court of Chancery · 1834
- Heard v. CaseNew York Supreme Court · 1861