In re Wagner's Estate
New York Supreme Court
Appeal from surrogate’s court, Montgomery county. Webster Wagner died in January, 1882, leaving surviving his widow, Susan Wagner, and his five children, Norman L. Wagner. Emma C. Taylor, Anna P. Van Vlack, Clara E. Stetson, and Annetta C. Wagner.
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Appeal from surrogate’s court, Montgomery county. Webster Wagner died in January, 1882, leaving surviving his widow, Susan Wagner, and his five children, Norman L. Wagner. Emma C. Taylor, Anna P. Van Vlack, Clara E. Stetson, and Annetta C. Wagner. By his" will he gave his family residence, with the personal property attached thereto, to his widow for life, with remainder to Norman L. He gave to each of his •children certain specific real estate, with the condition in each instance that, if the devisee should die without lawful issue surviving, the property should go to the other children. He…
1Opinion of the CourtLearned, P. J.
As to the personal property specifically bequeathed to the widow, Susan Wagner, with remainder to Norman L., it is plain that the executrix and executors had nothing to do but to deliver it to the life-tenant. The remainder-man, Norman L., was entitled to have from her an inventory. Perhaps in a proper case he might have security from her. But the duty of the executrix and executors of William Wagner was performed when they delivered the property to the widow. The paper signed by the widow and Norman L. is proof, until contradicted, that that specific legacy was properly delivered. If Norman…
Also in this document: Concurrence.
2Cases cited6 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- Stilwell v. . CarpenterNew York Court of Appeals · 1875
- Harris v. . ElyNew York Court of Appeals · 1862
- Van Sinderen v. LawrenceNew York Supreme Court · 1888
- In re DunkelNew York Surrogate's Court · 1887
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3Cited by10 opinions
- In re Estate of HodgmanAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Accounting of LuckenbachAppellate Division of the Supreme Court of the State of New York · 1951
- In re the Judicial Settlement of the Account of Proceedings of the United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1903
- In re Hodgman's EstateAppellate Division of the Supreme Court of the State of New York · 1896
- In re Pruyn's WillNew York Supreme Court · 1894
5 more not listed; retrieve them via the Exa API.