In Re the Final Accounting of Frazer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1882, which affirmed a decree of the surrogate of the county of Livingston upon the final accounting of the executors of the will of Harlow W. Wells, deceased. The will, after giving various legacies, contained these provisions.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1882, which affirmed a decree of the surrogate of the county of Livingston upon the final accounting of the executors of the will of Harlow W. Wells, deceased. The will, after giving various legacies, contained these provisions. “All the rest and residue of my estate, both real and personal, I give, devise and bequeath to my beloved wife, Frances C. Wells, Henry M. McDonald and Willard Wells McDonald, to be equally divided between them; I do…
1Opinion of the CourtFinch, J.
The provision of the will giving to the widow “ all of the household property in the dwelling-house ” is broad enough to include the coal and wood provided for the use of the family, and also the shot-gun, in the absence of proof showing that it was not kept for the defense of the house. (Dayton v. Tillou, 1 Robt. 21; Cole v. Fitzgerald, 1 Sim. & Stu. 189.) Such may have been its use and purpose, and we are not required to presume the contrary from any fact given in evidence. The ruling of the surrogate in these respects was correct.
The appraisers set apart as exempt and for the use of the…
2Cases cited6 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Vernon v. . VernonNew York Court of Appeals · 1873
- Peck v. . SherwoodNew York Court of Appeals · 1874
- Fuller v. YatesNew York Court of Chancery · 1840
- Jackson ex dem. Loucks v. ChurchillNew York Supreme Court · 1827
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3Cited by56 opinions
- Konvalinka v. . SchlegelNew York Court of Appeals · 1887
- In re Hayden's EstateNew York Supreme Court · 1889
- In re WarrinAppellate Division of the Supreme Court of the State of New York · 1900
- Buchwald v. BuchwaldCourt of Appeals of Maryland · 1938
- Roessle v. RoessleAppellate Division of the Supreme Court of the State of New York · 1914
51 more not listed; retrieve them via the Exa API.