In re the Estate of Eaton
Appellate Division of the Supreme Court of the State of New York
Appeal by Susan 0. Higgins and another from two decrees of the Surrogate’s Court of the county of Madison, entered in the office of said surrogate on the 30th day of December, 1912, one denying certain relief to the petitioner Susan C. Higgins, and the other granting relief to the petitioners Genevieve S. Jacobs and another.
1Opinion of the Court
Howard, J.:
The testatrix by the 6th clause of her will undertook to provide for a mute brother. She bequeathed as follows: “ Sixth. I give and bequeath to my sister, Susan C. Storms, during the term of her natural life, from the income of my estate, one hundred dollars per month, provided and on condition that she cares for and makes ahorne for my mute brother, George Albert Storms, during his lifetime.” Conditions hav*8ing changed, the testatrix undertook subsequently by codicil to make other and different provisions for the brother. The material part of the codicil reads: “ Whereas my brother…
2Cited by6 opinions
- In re the Estate of McCulloughNew York Surrogate's Court · 1926
- In re the Estate of EatonNew York Surrogate's Court · 1918
- In re the Estate of EatonNew York Surrogate's Court · 1919
- In re the Estate of EatonNew York Surrogate's Court · 1925
- Watkins v. Madison County Trust & Deposit Co.District Court, N.D. New York · 1930
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