Kalbfleisch v. . Kalbfleisch
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, reversing, in part, a judgment entered upon a decision of the court at Special Term. This action was brought to obtain a construction of the last will and testament of Martin Kalbfleiseh, late of the city of Brooklyn, deceased.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, reversing, in part, a judgment entered upon a decision of the court at Special Term. This action was brought to obtain a construction of the last will and testament of Martin Kalbfleiseh, late of the city of Brooklyn, deceased. Said testator died in February, 1873, leaving a will dated January 18, 1873, and a codicil thereto dated February 4, 1873, both of which were duly admitted to probate. The following is a copy of the material portions of the will: “ First. I devise to my daughter, Elizabeth…
1Opinion of the CourtFolgeb, J.
If the will, at the end of the fifth clause of it, had ceased to speak of the mortgage of $113,000, it might, with some reason, be urged that the appellant, Mrs. Fleet, took a share thereof. It is plain that the numeral “eight” applied to the other children of the testator in that clause, is used mistakenly. It has no apparent meaning applicable to the facts of the case. As it cannot be applied, it must be entirely left out in the reading. Then the phrase, “ other children,” becomes controlling, and indicates all of the children of the testator, other than the three who are distinctly…
2Cases cited2 opinions
- Taylor v. . DoddNew York Court of Appeals · 1874
- The People v. . ParkNew York Court of Appeals · 1869
3Cited by21 opinions
- Ely v. ElyAppellate Division of the Supreme Court of the State of New York · 1914
- In re the Judicial Settlement of the Account of TailerAppellate Division of the Supreme Court of the State of New York · 1911
- Regnier v. RegnierSupreme Court of Kansas · 1926
- In re Harvey's EstateNew York Supreme Court · 1894
- In re the Construction of the Last Will & Testament of MouldNew York Surrogate's Court · 1921
16 more not listed; retrieve them via the Exa API.