In re the Final Judicial Settlement of the Account of Proceedings of Crane
Appellate Division of the Supreme Court of the State of New York
Appeal by G. Lewis Biggs and, others from so much of a final decree of the Surrogate’s Court of the county of. New York, entered in said Surrogate’s Court on the 11th day of July, 1898, as provides as follows: “ And the surrogate’, does hereby adjudge and decree that upon the death of Emma Biggs, the sister of testator, the one-quarter share of the estate of the testator bequeathed to her by said will vested in her six children, George Biggs, C. Lewis Biggs, Agnes Hutcheson,…
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Appeal by G. Lewis Biggs and, others from so much of a final decree of the Surrogate’s Court of the county of. New York, entered in said Surrogate’s Court on the 11th day of July, 1898, as provides as follows: “ And the surrogate’, does hereby adjudge and decree that upon the death of Emma Biggs, the sister of testator, the one-quarter share of the estate of the testator bequeathed to her by said will vested in her six children, George Biggs, C. Lewis Biggs, Agnes Hutcheson, Anne Griffin, Penelope Bethel and William S. Biggs, in equal shares; and the said William S. Biggs having executed an…
1Opinion of the Court
Cullen, J.:
The only-question presented by this ¡appeal is the construction of; the ¡will óf Lewis-F. Battelle, deceased! After a gift of the residue,, of his estate, real and personal, to trustees, primarily to provide annuities for his widow and certain other relatives, the testator directed: “Sixth, Upon-the decease of my said wife, I order and; direct that'my'estate bes. divided as follows, viz. :■ Equally between my brothers and sisters and my niece* Flora W. Bulkley, each, "one-to take one equal share thereof, provided, "however, that "from the-share which "my brother, Charles B.…
2Cases cited5 opinions
- Warner v. . DurantNew York Court of Appeals · 1879
- Goebel v. . WolfNew York Court of Appeals · 1889
- Matter of TienkenNew York Court of Appeals · 1892
- In re Judicial Settlement of the Accounts of EmbreeAppellate Division of the Supreme Court of the State of New York · 1896
- Shangle v. HallockAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- Rasquin v. HamersleyAppellate Division of the Supreme Court of the State of New York · 1912
- Rudd v. CornellAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Final Judicial Settlement of the Account of Proceedings of CraneNew York Surrogate's Court · 1898
- Lese v. MillerNew York Supreme Court · 1900
- Rudd v. CornellAppellate Division of the Supreme Court of the State of New York · 1901