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Kent v. Fisk

Appellate Division of the Supreme Court of the State of New York

Decided May 8, 1912PublishedCited by 10 opinions

Appeal by the plaintiff, Rosey T. Kent, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Essex on the 13th day of December, 1911, upon the decision of the court, rendered after a trial at the Clinton Special Term, sustaining the defendants’ demurrer to the complaint and dismissing the said complaint.

1Opinion of the Court

Betts, J.:

Samuel D. Tuttle, a resident of the county of Essex in this State, made and executed his will July 10, 1865. Three provisions of that will are in controversy here and are as follows:

*280“First. I give and bequeath to my beloved wife Mary Tuttle at my decease all of my personal property that may remain after the payment of my just debts and funeral expenses.
“Second. I do further give and bequeath to my wife aforesaid the use of all my real estate during her natural life and if at any time she thinks more is necessary for her support than the above bequest then she may have the exclusive…

2Cases cited2 opinions

  1. In Re the Judicial Settlement of the Accounts of BlauveltNew York Court of Appeals · 1892
  2. McKeown v. OfficerNew York Supreme Court · 1889

3Cited by10 opinions

  1. In re the Estate of LeonardNew York Surrogate's Court · 1932
  2. In re the Estate of BarrettNew York Surrogate's Court · 1931
  3. In re the Estate of DenariNew York Surrogate's Court · 1937
  4. Vincent v. PutnamNew York Supreme Court · 1926
  5. In re the Accounting of HalladayNew York Surrogate's Court · 1954

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