Benedict v. Salmon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edna Stern Salmon and another, from a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Schenectady on the 28th day of October, 1916, upon the decision of the court after a trial before the court without a jury. Judgment unanimously affirmed, with costs, on the opinion of Van Kirk, J., at Trial Term.
1Opinion of the Court
The following is the opinion delivered at Trial Term:
Van Kirk, J.:
Jonathan Levi died in the city of Schenectady April 6, 1905, leaving a last will and testament and codicil. This is an action for the construction of the clause in the will as follows:
“For the purpose of continuing and providing a home after the decease of my said wife for the use and occupation of any of my daughters who may remain unmarried or who may be or may become widows, I do give and devise the house in which I now reside and the lot on which the same stands *387and known as 428 State Street, Schenectady, N. Y., unto my…
2Cases cited12 opinions
- Schettler v. . SmithNew York Court of Appeals · 1869
- Kalish v. . KalishNew York Court of Appeals · 1901
- Riker v. . CornwellNew York Court of Appeals · 1889
- Fargo v. . SquiersNew York Court of Appeals · 1897
- In Re the Accounting of BrownNew York Court of Appeals · 1897
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3Cited by9 opinions
- In Re the Accounting of SilsbyNew York Court of Appeals · 1920
- In re the Accounting of HellerNew York Court of Appeals · 1954
- Oliver v. WellsAppellate Division of the Supreme Court of the State of New York · 1930
- In re TrevorNew York Surrogate's Court · 1922
- In re the Judicial Settlement of the Account of Ontario County Trust Co.Appellate Division of the Supreme Court of the State of New York · 1931
4 more not listed; retrieve them via the Exa API.