Lee v. . Tower
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 25, 1890, in a case submitted upon an agreed statement of facts under section 1279 of the Code of Civil Procedure. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 25, 1890, in a case submitted upon an agreed statement of facts under section 1279 of the Code of Civil Procedure. The facts, so far as material, are stated in the opinion. The evident design and intention of the testator, as shown by the whole scheme of his will, and particularly by the directions as to immediate investment of the whole of the capital of the estate; and as to the ultimate division of the capital, in connection with the terms employed, point to…
1Opinion of the CourtParker, J.
This controversy was submitted without action pursuant to the provisions of section 1279 of the Code of Civil Procedure.
Charlemagne Tower, a resident of Pennsylvania, died leaving a last will and testament which was admitted to probate at Philadelphia, May 21,1889, and subsequently duly recorded in the counties in this state wherein are situated the lands which occasion this contest.
The questions submitted were whether the provisions of the. will, so far as they related to real estate situated in the state of 17ew York were valid, and if invalid, whether the widow of Charlemagne Tower has a…
2Cases cited3 opinions
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