Floyd v. Fitcher & Case
New York Supreme Court
THIS was a case submitted to tbe court, without action, under section 372 of the code of procedure, by the plaintiff as administrator of the estate of Sarah Freeman, deceased, and the defendants as executors of the last will and testament of William Pepper, deceased.
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THIS was a case submitted to tbe court, without action, under section 372 of the code of procedure, by the plaintiff as administrator of the estate of Sarah Freeman, deceased, and the defendants as executors of the last will and testament of William Pepper, deceased. William Pepper, a construction of whose will Was sought, died at Vernon, Oneida county, May 1, 1849. His will was admitted to probate by the surrogate of Oneida county, on or about the 21st of May, 1849. The provisions of that will, so far as material to the questions involved, togethep with the subsequent facts, are set forth in…
1Opinion of the Court
By the Court, J. C. Smith, J.
The questions in this case depend upon the construction to be given to the provisions of the will of the defendants’ testator respecting the be*411quest to his daughter, Mrs. Freeman, the plaintiff’s intestate. By one clause of his will, the testator gave to his said daughter, and his two daughters-in-law, naming them, each an annuity of seventy dollars, payable in semi-annual payments to each, during life; and for the purpose of securing their payment, he directed his executors to either retain so. much of his productive property as would be sufficient to produce the…
2Cases cited5 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Jackson v. SebringNew York Supreme Court · 1819
- Tyson v. . BlakeNew York Court of Appeals · 1860
- Helmer v. ShoemakerNew York Supreme Court · 1839
- McLoskey v. ReidNew York Surrogate's Court · 1857
3Cited by4 opinions
- Oxley v. . LaneNew York Court of Appeals · 1866
- Onondaga Trust Deposit Co. v. . PriceNew York Court of Appeals · 1882
- Steen v. Niagara Fire InsuranceNew York Supreme Court · 1879
- Jones v. LeonardNew York Supreme Court · 1894