Eidt v. . Eidt
New York Court of Appeals
Appeal; by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 28, 1911, reversing an interlocutory judgment in favor of defendant-appellant entered upon a decision of the court on trial at Special Term in an action of partition.
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Appeal; by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 28, 1911, reversing an interlocutory judgment in favor of defendant-appellant entered upon a decision of the court on trial at Special Term in an action of partition. The complaint in the action alleged that the plaintiff owned an undivided one-lialf of the premises sought to be partitioned and that Jacob Eidt, Jr., died, owning an undi - .vided one-half, which he by his last will, duly probated, devised absolutely to his wife, the defendant Margaret Eidt.…
1Opinion of the CourtCollin, J.
There arises from the language, “I leave to my wife the house and all furnishings at No 326 E. 43 St for the rest of her natural life the interest in the real estate held by me and my brother John C Eidt to be held together for Two. years or less in case of death of my wife within two years or date of settlement one third Interest to go to Mrs Anna Deibel,” a legitimate doubt as to the will and intention of the testator concerning the devolution of his interest in the real estate owned by him in common with his brother. The prevailing opinion delivered at the Appellate Division held the view…
2Cases cited2 opinions
- Du Bois v. RayNew York Court of Appeals · 1866
- Kinkele v. . WilsonNew York Court of Appeals · 1897
3Cited by29 opinions
- In re the Estate of GoldsteinAppellate Division of the Supreme Court of the State of New York · 1975
- In re the Estate of KavanaghNew York Surrogate's Court · 1928
- In re a Construction of the Last Will & Testament of WeissNew York Surrogate's Court · 1925
- In re BassfordAppellate Division of the Supreme Court of the State of New York · 1922
- In re the Accounting of GravesNew York Surrogate's Court · 1949
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