New York Life Insurance & Trust Co. v. Viele
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered Hovember 24, 1897, upon an order affirming a judgment entered upon the report of a referee. This action was brought for the construction of the will of Mary Griffin, deceased, the settlement of the accounts of plaintiff as trustee and the distribution of the estate. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered Hovember 24, 1897, upon an order affirming a judgment entered upon the report of a referee. This action was brought for the construction of the will of Mary Griffin, deceased, the settlement of the accounts of plaintiff as trustee and the distribution of the estate. The facts, so far as material, are stated in the opinion. The appellant Heinicke, as the adopted child of Mrs. Lengnick, has the status of her “ lawful issue,” and as such is entitled to take the remainder under item…
1Opinion of the CourtO’Brien, J.
This appeal involves the construction of the third clause of the will of Mary Griffin, who died on the 9th day of March, 1888, at Dresden, in the kingdom of Saxony, one of the states of the German empire. She was the widow of Francis Griffin, of the city of New York, who died there in the year 1852, and the bulk of the property which the testatrix disposed of by the will in question came to her from her deceased husband. This will bears date July 6th, 1878, and a codicil thereto July 28th, 1882. Both instruments were executed at Dresden, where the testatrix had resided for over thirty years…
2Cases cited27 opinions
- Ross v. RossMassachusetts Supreme Judicial Court · 1880
- Dupuy v. . WurtzNew York Court of Appeals · 1873
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Sewall v. RobertsMassachusetts Supreme Judicial Court · 1874
- Van Matre v. SankeyIllinois Supreme Court · 1893
22 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- In re the Construction of the Will of UpjohnNew York Court of Appeals · 1952
- In Re the Accounting of LeaskNew York Court of Appeals · 1910
- Sontheimer v. PierceCalifornia Supreme Court · 1948
- Mooney v. TollesSupreme Court of Connecticut · 1930
- Schmidt v. . JewettNew York Court of Appeals · 1909
82 more not listed; retrieve them via the Exa API.