Terpening v. Skinner
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was in the nature of a bill for an accounting, and to compel the defendant, surviving executor of the will of Gersham Skinner, deceased, to make sale of certain real estate specified in the will. The plaintiff, Almira Terpening, the wife of the other plaintiff, Amos Terpening, claimed to be a devisee and legatee under the will of the testator, who was her grandfather.
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APPEAL from a judgment entered upon the report of a referee. The action was in the nature of a bill for an accounting, and to compel the defendant, surviving executor of the will of Gersham Skinner, deceased, to make sale of certain real estate specified in the will. The plaintiff, Almira Terpening, the wife of the other plaintiff, Amos Terpening, claimed to be a devisee and legatee under the will of the testator, who was her grandfather. The will, which was executed May 4, 1822, was as follows: “I, Gersham Skinner, of the town of Columbia, county of Herkimer, and state of Hew York,…
1Opinion of the Court
By the Court, Bacon, J.
The result of this suit, and the propriety of the judgment rendered therein, depend entirely upon the construction which is to be given to the will of Ger-sham Skinner. Both the learned and capable referees by whom this cause has been tried, have given to it a construction which deprives a needy daughter who lived with the decedent on terms of entire friendliness and even affection, and . 6 ' who resided with and took care of him in his last illness,- of *377all interest in his estate, and of all share in his ample property, except to the extent of one two-year old heifer,…
2Cited by3 opinions
- In re a Construction of the Last Will & Testament of WeissNew York Surrogate's Court · 1925
- Ryan v. BoltzThe Superior Court of New York City · 1882
- In re HastingsNew York Surrogate's Court · 1887