Williams v. Petit
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Harry R. Williams and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Erie on the 27th day of November, 1909, upon the decision of the court, rendered after a trial at the Erie Special Term, dismissing the complaint herein.
1Opinion of the Court
Kruse, J.:
The. action, is- for the construction of the 2d clause of the last will and testament of Gayer Gardner, deceased, who lived in the town of East- Hamburg, Erie county, in this State. The question presented is whether he gave to liis nephew, Harry R. Williams, and his niece, Lillie M. Beckwith, each an undivided two-eighths of his property not otherwise specifically disposed of, or only an undivided two-eighths to them'- jointly. The clause, so far as material to the questions under consideration, reads as follows:
“ Second. I give, devise and bequeath to Rebecca J. Gardner, my sister,…
2Cases cited5 opinions
- Phillips v. . DaviesNew York Court of Appeals · 1883
- Vernon v. . VernonNew York Court of Appeals · 1873
- Riker v. . CornwellNew York Court of Appeals · 1889
- Lamb v. . LambNew York Court of Appeals · 1892
- In Re the Probate of the Last Will & Testament of MinerNew York Court of Appeals · 1895
3Cited by15 opinions
- In re the Judicial Settlement of the Account of Proceedings of GoldmarkAppellate Division of the Supreme Court of the State of New York · 1919
- In re the Judicial Settlement of the Intermediate Account of Van DerveerNew York Surrogate's Court · 1923
- In re ReimersNew York Surrogate's Court · 1929
- In re the Judicial Accounting of Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1931
- In re the Judicial Settlement of the Account of SolomonAppellate Division of the Supreme Court of the State of New York · 1914
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