Low v. . Harmony
New York Court of Appeals
Appeal by defendant, Alice Low Harmony, from judgment of the General Term of the Supreme Court in the second judicial department, modifying a judgment entered upon a decision of the court at Special Term. This action was brought by plaintiff, as executor of the will of Daniel Low, deceased, to obtain a construction of said will.
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Appeal by defendant, Alice Low Harmony, from judgment of the General Term of the Supreme Court in the second judicial department, modifying a judgment entered upon a decision of the court at Special Term. This action was brought by plaintiff, as executor of the will of Daniel Low, deceased, to obtain a construction of said will. The testator died April 6, 1876, leaving him surviving his widow, two sons, two daughters, and two grandchildren, children of a deceased daughter, one of whom is the appellant. The portions of the will having any relation to the questions presented here are as follows…
1Opinion of the CourtRapallo, J.
The infant defendant, Alice L. Harmony, is the only appellant, and the point most strenuously urged in her behalf by her guardian ad litem is that she is entitled, under the fifth clause of the will, to a share .of the residuary estate of the testator. By that clause the testator gives his residuary, real and personal estate to his wife and all his living children, share and share alike, and refers to his marriag'e contract Avith his Avife. By this contract he had agreed that if she survived him she should have such share of his real estate as she A\ould be entitled to by the laws of the…
2Cited by31 opinions
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- In re Donges's EstateWisconsin Supreme Court · 1899
- Goodwin v. . CoddingtonNew York Court of Appeals · 1897
- Blagge v. BalchSupreme Court of the United States · 1896
- Blagge v. Balch. Brooks v. Codman Foote v. Women's Board of MissionsSupreme Court of the United States · 1896
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