Legal Opinion

Betts v. Betts

New York Supreme Court

Decided July 15, 1878PublishedCited by 48 opinions

Trial by the court. This action was brought by Frederick J. Betts and E. C. Benedict, sole surviving executors of Ephraim Holbrook, against Greorge F. Betts and Emily Betts, executors of S. R. Betts, deceased, and twenty societies, and about two hundred individuals, and the board of education of the city of Hew York, and the board of trustees of each of the twenty-four wards of that city, and certain persons unknown, or whose names were unknown, for a construction of a will.

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Trial by the court. This action was brought by Frederick J. Betts and E. C. Benedict, sole surviving executors of Ephraim Holbrook, against Greorge F. Betts and Emily Betts, executors of S. R. Betts, deceased, and twenty societies, and about two hundred individuals, and the board of education of the city of Hew York, and the board of trustees of each of the twenty-four wards of that city, and certain persons unknown, or whose names were unknown, for a construction of a will. The testator, who died in 1851, left a large estate, and the main features of his will were an intention and the desire…

1Opinion of the CourtVan Vorst, J.

The will of Ephraim Holbrook was executed on June 16, 1851, and the testator died on March 21, 1852. The testator left a widow, but no child or descendant him surviving. After making a distribution of about $30,000 of his estate, in legacies *384among relatives and friends, the testator gave the income of the balance of his estate, with the exception of a small annuity to his sister, to his wife for life. He also gave to his wife the sum of $30,000 of the capital of his estate, to be disposed of by her as she might think best by her last will and testament, but in the event of her failure so to…

2Cases cited43 opinions

  1. Manice v. . ManiceNew York Court of Appeals · 1871
  2. White v. . HowardNew York Court of Appeals · 1871
  3. Hawley & King v. JamesNew York Court of Chancery · 1835
  4. Williamson v. WilliamsonNew York Court of Chancery · 1837
  5. Beekman v. . BonsorNew York Court of Appeals · 1861

38 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Marx v. . McGlynnNew York Court of Appeals · 1882
  2. In re the Estate of SmallmanNew York Surrogate's Court · 1931
  3. In re Hayden's EstateNew York Supreme Court · 1889
  4. Hancox v. . MeekerNew York Court of Appeals · 1884
  5. In re Estate of IsbellAppellate Division of the Supreme Court of the State of New York · 1896

43 more not listed; retrieve them via the Exa API.

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