Cass v. Cass
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Merwin, J.:
In this case construction is asked of certain provisions in the will and codicil of Cynthia Ann Freer, who died on or about the 1st of October, 1853. The will is dated September 29, 1852, and the codicil September 21, 1853, and they were duly admitted to probate on the 13th of October, 1853.
By the seventh clause of the will a devise is made as follows: “ All the real estate which I own or shall die seized or possessed of, or which I shall be entitled to, I give, will and devise as follows, that is to say * * * the equal undivided one-fourth part thereof to the four following…
2Cases cited5 opinions
- Clarke v. . LeuppNew York Court of Appeals · 1882
- Crooke v. . County of KingsNew York Court of Appeals · 1884
- Power v. . CassidyNew York Court of Appeals · 1880
- Tolles v. . WoodNew York Court of Appeals · 1885
- Bucklin v. BucklinNew York Court of Appeals · 1864
3Cited by5 opinions
- Putnam v. Lincoln Safe Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1901
- In re the Estate of ClarkeNew York Surrogate's Court · 1936
- In re the Will of GordonNew York Surrogate's Court · 1943
- In re the Accounting of MeyersonNew York Surrogate's Court · 1957
- In re the Estate of FosterNew York Surrogate's Court · 1900