Tavshanjian v. . Abbott
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 27, 1909, modifying and affirming as modified a judgment of Special Term in an action to construe the will of Hovhannes S. Tavshanjian, deceased. 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 March 27, 1909, modifying and affirming as modified a judgment of Special Term in an action to construe the will of Hovhannes S. Tavshanjian, deceased. The facts, so far as material, are stated in the opinion. The language of the will quoted, taken together with the undisputed facts, is a sufficient mention of the after-born children, Arpinee and Ardemis, to prevent the recovery by them under the provision of the Revised Statutes above quoted. (Matter of Morgenstein, 9 Misc. Rep.…
1Opinion of the CourtGray, J.
This appeal presents the question whether children, born after the making by their father of a will, which gave all of his estate to certain other designated persons, shall, upon his death, nevertheless, be entitled to such shares therein as would have been theirs had he died intestate. The testator, whose will has been judicially construed, died in 1907. In 1895, he had made a will, which,- after making numerous bequests to relatives and for charitable purposes, and, among them, one to his wife of $50,000, in lieu of dower, gave to her the residue of his real and personal estate. At the time…
2Cases cited4 opinions
- Brush v. WilkinsNew York Court of Chancery · 1820
- Smith v. . RobertsonNew York Court of Appeals · 1882
- Stachelberg v. . StachelbergNew York Court of Appeals · 1908
- Stachelberg v. StachelbergAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by9 opinions
- McLean v. . McLeanNew York Court of Appeals · 1913
- In re the Estate BrantNew York Surrogate's Court · 1923
- In re the Estate of TierneyNew York Surrogate's Court · 1933
- In re the Re-Probate of the Last Will & Testament of JonesNew York Surrogate's Court · 1929
- Read v. ReadWisconsin Supreme Court · 1923
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