Closs v. Eldert
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Julia E. Eldert, frond so much of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 7th day of June, 1897, upon the decision of the court rendered after a trial at the Queens County Special Term, as adjudges that she has no right of dower in the property mentioned and described in the complaint in the action.
1Opinion of the Court
Hatch, J.:
This action was brought to partition certain lands in the county of Queens. The case presents a single question, whether the testator, Garrett Y. 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 7th, 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…
2Cases cited3 opinions
- Konvalinka v. . SchlegelNew York Court of Appeals · 1887
- Fuller v. YatesNew York Court of Chancery · 1840
- Kimbel v. KimbelAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by11 opinions
- Roessle v. RoessleAppellate Division of the Supreme Court of the State of New York · 1914
- Horstmann v. . FlegeNew York Court of Appeals · 1902
- Fenton v. FentonNew York Supreme Court · 1901
- In re the Estate of GrotrianNew York Surrogate's Court · 1899
- In re the Estate of RehillNew York Surrogate's Court · 1932
6 more not listed; retrieve them via the Exa API.