Rogers v. . Rogers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 18, 1879, which affirmed a judgment of the Special Term herein.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 18, 1879, which affirmed a judgment of the Special Term herein. (Mem. of decision below, 18 Hun, 409.) This action was brought by plaintiff, as executrix of the last will and testament of Patrick L. Rogers, deceased, for the purpose of obtaining a construction of his will in the particulars stated in the complaint, the substance of which, as well as the facts pertinent to the questions discussed, are set forth in the opinion. The will, after providing for the…
1Opinion of the CourtFinch, J.
The principal questions argued before us are not in the case, and should not be considered.
The action was brought soon after the death of testator by his wife, as executrix, who had alone qualified. The complaint sought a construction of the will in two respects, about which alone it alleged that doubts had arisen. The first was whether the executrix was authorized to convert the estate, or any part thereof, into money before distribution; and the second was whether, during the minority of Beatrice, who was tile youngest child living at testator’s death, the executrix could sell any part of…
2Cited by51 opinions
- Robertson v. . De BrulatourNew York Court of Appeals · 1907
- Citizens & Southern National Bank v. HaskinsSupreme Court of Georgia · 1985
- Losey v. . StanleyNew York Court of Appeals · 1895
- Tonnele v. . WetmoreNew York Court of Appeals · 1909
- Matter of Reed v. BrowneNew York Court of Appeals · 1946
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