Forman v. Young
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William H. Young, from part of an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 15th day of April, 1912, upon the decision of the court after a trial at the New York Special Term.
1Opinion of the Court
Clarke, J.:
The action was brought to procure the construction of the will of Annie P. Burgess. An incidental question which was submitted to and decided by the Special Term, and is now the only matter before us upon this appeal, arose in the manner following:
In paragraph VII of the complaint it is alleged: “ That in and by the Sixth paragraph of said will, testatrix provided among other things as follows: ‘ After the decease of my husband Dr. Daniel M. Burgess, I give and devise to my said niece Gertrude Forman the house and lot known as number 168 East 79th Street, Borough of Manhattan, City…
2Cases cited21 opinions
- Delaney v. . McCormackNew York Court of Appeals · 1882
- Brewster v. . StrikerNew York Court of Appeals · 1848
- Matter of RunkNew York Court of Appeals · 1911
- Crittenden v. . FairchildNew York Court of Appeals · 1869
- Sweeney v. . WarrenNew York Court of Appeals · 1891
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3Cited by5 opinions
- In re the Estate of FinckNew York Surrogate's Court · 1918
- In Re the Construction of the Will of JonesNew York Court of Appeals · 1954
- In re the Estate of DoyleNew York Surrogate's Court · 1929
- In re the Estate of SpruceNew York Surrogate's Court · 1947
- In re the Estate of DoyleNew York Surrogate's Court · 1935