Seaward v. . Davis
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 4, 1909, modifying an interlocutory judgment of Special Term in favor of plaintiff and reversing a final judgment entered thereon. The nature of the action and the facts, so far as material, are stated in the opinion. The following questions were certified : “ First.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 4, 1909, modifying an interlocutory judgment of Special Term in favor of plaintiff and reversing a final judgment entered thereon. The nature of the action and the facts, so far as material, are stated in the opinion. The following questions were certified : “ First. Did the trust upon which the defendant’s testatrix received the personal property from her husband’s estate attach in the first instance to the whole of said property immediately upon its receipt by…
1Opinion of the Court
Cullen, Ch. J.
In February, 1899, one William Z. King died, leaving a last will by which he bequeathed his personal property as follows:
Third. “ I give and bequeath all my personal property of every name and kind to my wife, excepting my piano, which I give to Lilly Corwin aforesaid. Whatever personal estate may remain at the decease of my wife I give and bequeath to Briel Davis and Abagail Davis, the parents of my wife, or if they are not living, then to my sisters aforesaid and Lilly Corwin, share and share alike.”
■ The personal estate left by the deceased, as appears by the inventory filed…
2Cases cited3 opinions
- Terry v. . WigginsNew York Court of Appeals · 1872
- Swarthout v. . RanierNew York Court of Appeals · 1894
- Tuthill v. DavisAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by61 opinions
- Tillman v. . OgrenNew York Court of Appeals · 1920
- Vincent v. RixNew York Court of Appeals · 1928
- Estate of Edward F. Pipe, Deceased, Nettie M. Pipe v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1957
- Pipe v. CommissionerUnited States Tax Court · 1954
- Rezzemini v. . BrooksNew York Court of Appeals · 1923
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