Legal Opinion

Hulburt v. Southerland

Appellate Division of the Supreme Court of the State of New York

Decided June 26, 1914PublishedCited by 2 opinions

Appeal by the plaintiff, Wynn A. Hulburt, as executor, etc., from a judgment of the Supreme Court’ in favor of the defendants, entered in the office of the clerk of the county of Rock-land on the 24th day of March, 1914, after a trial at the Rockland Special Term.

1Opinion of the Court

Burr, J.:

William D. M. Smith died upon March 21, 1897, leaving a last will and testament dated April 19, 1892, duly executed and subsequently proved, by which he gave to his wife, Ella V. Smith, the “ use and benefit ” of all his estate, real and personal, during her fife, “for her maintenance and livelihood,” with the right “in the event of the income thereof being insufficient for such purposes, then to use and apply so much of the principal thereof as may be essential for such purposes in her judgment.” Thereafter the testator provided:

“ Third. Upon the death of my said wife, I give,…

2Cases cited3 opinions

  1. Dreyer v. . ReismanNew York Court of Appeals · 1911
  2. In Re the Probate of the Will of DisneyNew York Court of Appeals · 1907
  3. Eidt v. EidtAppellate Division of the Supreme Court of the State of New York · 1911

3Cited by2 opinions

  1. In re the Estate of SchrieverNew York Surrogate's Court · 1915
  2. In re the Estate of ZehAppellate Division of the Supreme Court of the State of New York · 1953

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