Matter of Crawford
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme ■Court in the second judicial department, entered upon an order made July 1,1887, which affirmed a decree of the surrogate -of the county of Westchester on settlement of the accounts of M. D. C. Crawford et al, as executors of the will of Joseph S. Barker, deceased. The question was as to the distribution of the residuary 'estate. The disposing clauses of the will are as follows: “ First.
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Appeal from judgment of the General Term of the Supreme ■Court in the second judicial department, entered upon an order made July 1,1887, which affirmed a decree of the surrogate -of the county of Westchester on settlement of the accounts of M. D. C. Crawford et al, as executors of the will of Joseph S. Barker, deceased. The question was as to the distribution of the residuary 'estate. The disposing clauses of the will are as follows: “ First. I direct my said executors to pay all my just debts -and funeral expenses as soon as convenient after my decease. “ Second. I direct my said executors…
1Opinion of the CourtAndrews, J.
The decision in this case turns on the point whether, under the will, the issue of nephews and nieces of the testator, who died during his lifetime and before the making of the will take under the residuary clause, the share which their parents would have taken if they had survived the testator. His ten brothers and sisters had died before the date of the will, seven of whom left children surviving them at that time, but several nephews and nieces of the testator, brothers and sisters of surviving nephews and nieces had died, leaving issue, before the will was made. The living nephews and…
2Cases cited1 opinion
- Teed v. . MortonNew York Court of Appeals · 1875
3Cited by16 opinions
- Anderson v. WilsonSupreme Court of Iowa · 1912
- In re the Estate of WatsonNew York Surrogate's Court · 1932
- Shalkhauser v. BeachCuyahoga County Probate Court · 1968
- Palmer v. . DunhamNew York Court of Appeals · 1890
- Snyder v. SnyderAppellate Division of the Supreme Court of the State of New York · 1918
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