Rastetter v. . Hoenninger
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 28, 1913, modifying and affirming as modified a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 28, 1913, modifying and affirming as modified a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. On September 4th, 1902, Franz and Elizabetha Rastetter, being then husband and wife, jointly executed the following instrument: 11 In the name of God, Amen: We, Franz Rastetter and Elizabetha Rastetter, his wife, of the Borough of Manhattan, City of New York, being of sound mind and memory and mindful of the uncertainty of human life,…
1Opinion of the CourtMiller, J.
Whatever doubt may once have existed on the point, it is now settled that an instrument jointly executed in due form as a will by two persons may be proved as the will of either. (Matter of Diez, 50 N. Y. 88.) In that case a husband and wife jointly executed an instrument reciprocally devising their property to the survivor, and it was held that the instrument operated as the separate will of the one first dying. Upon that event the whole purpose of the instrument was accomplished. There is equal reason for holding that, in case of a conjoint will of two persons by which the survivor is given…
2Cases cited6 opinions
- Edson v. . ParsonsNew York Court of Appeals · 1898
- Frazier v. PattersonIllinois Supreme Court · 1909
- Baker v. SyfrittSupreme Court of Iowa · 1910
- Bower v. DanielSupreme Court of Missouri · 1906
- In Re the Probate of the Last Will & Testament of DiezNew York Court of Appeals · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by122 opinions
- In Re the Estates of CovertNew York Court of Appeals · 2001
- Tutunjian v. VetzigianNew York Court of Appeals · 1949
- Doyle v. FischerWisconsin Supreme Court · 1924
- Wallace v. . WallaceNew York Court of Appeals · 1915
- Hermann v. LudwigAppellate Division of the Supreme Court of the State of New York · 1919
117 more not listed; retrieve them via the Exa API.