Legal Opinion

Lyman v. Parsons

New York Supreme Court

Decided November 23, 1858PublishedCited by 4 opinions

APPEAL from a decree of the surrogate of New York, giving a construction to the win. of Samuel Parsons, deceased, and directing the executor to account for the assets realized by him in this state. The facts appear in the opinion of Sutheeland, J., and in the report of the case before the surrogate. (4 Bradf. 268.) David Lyman, the executor, appealed.

1Opinion of the CourtSutherland, J.

I think the construction of the will of Samuel Parsons by the supreme court of errors of Connecticut is the true construction, and that of the surrogate of the county of New York erroneous.

The testator, a resident of the state of Connecticut, and domiciled there, made his will in that state, and died there October 14, 1848, leaving a widow and four children, one son and three daughters, all minors at the time of his death; and an estate valued at about $147,000, a portion of which consisted of a leasehold interest in two houses and lots in the city of New York, valued at about $18,000; six…

2Cases cited1 opinion

  1. McNamara v. DwyerNew York Court of Chancery · 1838

3Cited by4 opinions

  1. Russell v. HiltonNew York Supreme Court · 1902
  2. Lynes v. ColeyNew York Surrogate's Court · 1862
  3. Coley's EstateNew York Surrogate's Court · 1862
  4. Roosevelt v. RooseveltNew York Supreme Court · 1875

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