Baumann v. . Steingester
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 23, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence having presented a case of latent ambiguity, parol evidence was admissible to identify the legatee intended by the testatrix.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 23, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence having presented a case of latent ambiguity, parol evidence was admissible to identify the legatee intended by the testatrix. (Matter of Woodward, 117 N. Y. 526; Jarman on Wills [6th ed.], 434; In re Taylor, L. R. [34 Ch. Div.] 255; Henderson v. Henderson, I.…
1Opinion of the CourtSeabury, J.
This action was commenced to obtain a construction of the last will of Maria Schadrack, deceased, and to have it adjudged that the plaintiff is the legatee described in subdivision 1 of paragraph “ Third ” of said-will, and that she is one of the three residuary legatees referred to in paragraph “Sixth” of said will. The appellant, Magdalena Puhge, answered and asked to have it adjudged that she is the legatee described in the two paragraphs of the will referred to above. The question at issue upon the trial related to the identity of the legatee referred to as “Lena Baumann” in the following…
2Cases cited16 opinions
- Lefevre v. . LefevreNew York Court of Appeals · 1875
- People v. . HayesNew York Court of Appeals · 1894
- People v. . BuchananNew York Court of Appeals · 1895
- Doheny v. . LacyNew York Court of Appeals · 1901
- Jackson ex dem. Haverly v. FrenchNew York Supreme Court · 1829
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