Legal Opinion

Tuthill v. Davis

Appellate Division of the Supreme Court of the State of New York

Decided July 23, 1907PublishedCited by 12 opinions

Appeal by 'the plaintiff,- Cynthia A. Tuthill, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 25th day of October, 1906, upon the .decision of the court, rendered after a trial at the Kings County Special Term, dismissing the complaint upon the merits.

1Opinion of the Court

Miller, J.:

The question presented by this appeal involves the construction and validity of the 3d clause of the will of William Z. King. The material portions of said will read as follows, viz.:

“First.. I give, and bequeath to my wife, Mary E. King, the house and lot where I now live during hen lifetime, and at her decease I will that the said property shall go to my sisters, Eliza Tall man, Cynthia A. Tuthill, Emily M. Seaward and to Lilly Corwin, share and. share alike. * * *
“ Third. I give and bequeath all my personal property of every name and kind to my wife, excepting my piano, which I…

2Cases cited3 opinions

  1. Van Horne v. . CampbellNew York Court of Appeals · 1885
  2. Leggett v. . FirthNew York Court of Appeals · 1892
  3. Crozier v. . BrayNew York Court of Appeals · 1890

3Cited by12 opinions

  1. Seaward v. . DavisNew York Court of Appeals · 1910
  2. In re the Appraisal of the Estate of GranfieldNew York Surrogate's Court · 1913
  3. Seaward v. DavisAppellate Division of the Supreme Court of the State of New York · 1909
  4. Vincent v. RixNew York Supreme Court · 1926
  5. Davis v. SeawardNew York Supreme Court · 1914

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