Closs v. Eldert
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Queens- county. Action by Emma Gloss against Luke Eldert and others. From a judgment for plaintiff, defendants appeal.
1Opinion of the CourtHatch, J.
This action was brought to partition certain lands in the county of Queens. The case presents a single question, whether the testator, Garrett V. W. Eldert, intended by his will that his widow should take the devise made to her by the will in lieu of dower or in addition thereto. The clauses of the will which require construction are the seventh, which reads: “I hereby give, devise, and bequeath all the rest, residue, and remainder of my estate, both real and personal, equally to my said son, Luke Eldert, and my said daughter, Emma Gloss, and my said wife, Julia Eldert, share and share…
2Cases cited2 opinions
- Konvalinka v. . SchlegelNew York Court of Appeals · 1887
- Kimbel v. KimbelAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- McDermid v. BourhillOregon Supreme Court · 1921
- In re Amsinck's EstateNew York Surrogate's Court · 1913
- Estate of LambCalifornia Superior Court · 1910