Legal Opinion

Williams v. . Freeman

New York Court of Appeals

Decided January 25, 1881PublishedCited by 16 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an ■ order made July 1, 1879, affirming a judgment, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are set forth sufficiently in the opinion.

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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an ■ order made July 1, 1879, affirming a judgment, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are set forth sufficiently in the opinion. It was error to receive extrinsic evidence as to the sources from which the testator received his property in aid of construction, in view of the clear unambiguous provisions of the will. (1 Redfield on Wills, 500, 501; Mann v. Mann, 1 Johns. Ch. 231; Vam Nostrand v. Moore, 52 N. Y. 18; Earl…

1Opinion of the CourtRapallo, J.

This action was brought by the executors of the will of Lorrain Freeman, deceased, for the purpose of obtaining a construction of certain provisions of the will, and a codicil thereto.

The question on this appeal, as stated in the complaint, is whether, under the provisions of the will and codicil, the two minor children of the testator, Laura R. Freeman and Ida M. Freeman, who are his issue by a second marriage, are entitled to share equally with the adult children, in the whole estate; or whether his adult children, who are the issue of a former marriage, are preferred to the extent of…

2Cited by16 opinions

  1. In re the Judicial Settlement of the Account of LummisNew York Surrogate's Court · 1917
  2. Davenport v. State Banking Co.Supreme Court of Georgia · 1906
  3. Harris v. Harris's EstateSupreme Court of Vermont · 1909
  4. In re the Estate of YoungNew York Surrogate's Court · 1915
  5. In re the Application for a Construction of Last Will & Testament of GrossmanNew York Surrogate's Court · 1928

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