Legal Opinion
Schwartz v. Rehfuss
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1908PublishedCited by 15 opinions
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Rich, J.:
It appears that Herman Dale died on the 8th day of November, 1905, seized in fee of a certain piece or parcel of real property situate in the borough of Brooklyn, N. Y., leaving a widow, Sophia Dale, and four children, Aldrich J. Dale, Charles H. Dale, Emma Y. Leimdorfer and Elvina F. Diamond, his only heirs at law and next of kin. He left a last will and testament, which has been duly admitted to probate, paragraphs 3 and 4 of which are the only ones material to this controversy, and are as follows :
“ Third. All the rest, residue and remainder of my estate, real and personal, and…
2Cases cited2 opinions
- Lyons v. . OstranderNew York Court of Appeals · 1901
- Flanagan v. StaplesAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by15 opinions
- Marsh v. . Consumers Park Brewing Co.New York Court of Appeals · 1917
- In re the Accounting of Marine Trust Co.New York Surrogate's Court · 1946
- Jewell v. GrahamCourt of Appeals for the D.C. Circuit · 1928
- In re MeekerNew York Surrogate's Court · 1925
- In re the Estate of WeekesNew York Surrogate's Court · 1940
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