Smith v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made September 11, 1893, which affirmed a judgment construing the will of Isaac Smith, deceased, entered upon a decision of the court on trial at Special Term. The nature of the action, and the facts, so far as material, are set forth in the opinion. The action will lie. (Code Civ.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made September 11, 1893, which affirmed a judgment construing the will of Isaac Smith, deceased, entered upon a decision of the court on trial at Special Term. The nature of the action, and the facts, so far as material, are set forth in the opinion. The action will lie. (Code Civ. Pro. § 1866; Anderson v. Anderson, 112 N. Y. 112; Adams v. Becker, 47 Hun, 66; Drake v. Drake, 41 id. 366, 872 ; 134 N. Y. 220; Read v. Williams, 125 id. 566.) Issue in this will means children.…
1Opinion of the CourtEarl, J.
This action is for the construction of the will of Isaac Smith, deceased, and the clauses to be construed are the following:
“ Twentieth. I give and bequeath to said Sarah A. Parish the use and income of the one equal half 6f all the real estate that I may die seized of, during her life, but not to exceed the full term of twenty years after my death, and it is my will that the said Sarah A. Parish shall cut no more wood off of said premises than will be necessary to keep the buildings and fence in good repair.
“ Twenty-first. I give and bequeath to Isaac Smith, the son of my nephew, Thomas…
2Cases cited1 opinion
- Cruikshank v. . Home for the FriendlessNew York Court of Appeals · 1889
3Cited by4 opinions
- Karolusson v. PaonessaSupreme Court of Iowa · 1928
- In re the Accounting of Kings County Trust Co.New York Surrogate's Court · 1957
- In re Estate of Hull, Superior Court of California, County of San Francisco1894
- In re the Construction of the Will of GravesAppellate Division of the Supreme Court of the State of New York · 1961