Owens v. Owens
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Mary A. Owens and Esmus Woodward, as surviving executors, etc., of Thomas Owens, deceased, and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Schuyler on the 30th day of November, 1900, upon the decision of the court rendered after a trial at the Schuyler Special Term.
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Appeal by the plaintiffs, Mary A. Owens and Esmus Woodward, as surviving executors, etc., of Thomas Owens, deceased, and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Schuyler on the 30th day of November, 1900, upon the decision of the court rendered after a trial at the Schuyler Special Term. The action was brought for the construction of the will of Thomas Owens, who died upon the 26th of May, 1888. In that will he first directed the payment of his funeral expenses and debts. In the 2d paragraph he gave to his…
1Opinion of the Court
Smith, J.:
Two questions are presented for decision: First, was the legacy to Mary Peck, in the 9th provision of the will, a vested legacy so that it did not lapse by the death of Mary Peck before the death of the widow % The trial court has held that it was, and with this conclusion we entirely agree.
The second and more important question is as to the estate given to the widow by the 10th and 11th paragraphs of the will. The trial court has found that she has simply taken a life estate in the property, real and personal. The contention of the widow is that she has more than a.life estate, and…
2Cases cited1 opinion
- Leggett v. . FirthNew York Court of Appeals · 1892
3Cited by9 opinions
- Brain v. DeanSupreme Court of Iowa · 1913
- In re SkinnerAppellate Division of the Supreme Court of the State of New York · 1903
- Mitchell v. Van AllenAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Construction of the Last Will & Testament of EckamAppellate Division of the Supreme Court of the State of New York · 1933
- In re the Construction of the Last Will & Testament of HartNew York Surrogate's Court · 1923
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