In Re the Probate of the Last Will & Testament of Miner
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 3, 1893, which, affirmed a judgment entered upon a decree of the surrogate of Allegany county, so far as the same construes tlie will of Asher W. Miner, deceased. The facts and the portions of the will, so far as material, are stated in the opinion. The testator died intestate as to the general residue of his estate.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 3, 1893, which, affirmed a judgment entered upon a decree of the surrogate of Allegany county, so far as the same construes tlie will of Asher W. Miner, deceased. The facts and the portions of the will, so far as material, are stated in the opinion. The testator died intestate as to the general residue of his estate. (Gwillim v. Gwillim, 5 B. & Ad. 122; Taylor v. Wendell, 4 Bradf. 324; Jenkins v. Van Schaack, 8 Paige, 242; Sutherland v. Sydnor, 84 Va. 880 ; Stoker…
1Opinion of the CourtGray, J.
The will of the deceased was written by himself and made the following provisions : First, he gave to his wife, in lieu of dower and all claims by her as widow, absolutely, the sum of $20,000 and, also, during her life the use of a similar sum and the use of all lands owned by him in the town of Friendship. He gave to her all his “ household goods, furniture and fixtures and effects and all his horses, harnesses, carriages, robes and cutters.” Second, he gave to each of these respondents the sum of $10,000, less any indebtedness or notes held against them. Third, he gave to a niece the…
2Cases cited3 opinions
- Phillips v. . DaviesNew York Court of Appeals · 1883
- Riker v. . CornwellNew York Court of Appeals · 1889
- Loder v. . WhelpleyNew York Court of Appeals · 1888
3Cited by54 opinions
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
- Morton v. . WoodburyNew York Court of Appeals · 1897
- In Re the Transfer Tax Upon the Estate of ColeNew York Court of Appeals · 1923
- Gordon v. . EhringhausSupreme Court of North Carolina · 1925
- Simpson v. Trust Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1908
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