Cohen v. Cohen
New York Surrogate's Court
Application for decree upon final accounting. The decedent left a widow and four children, and his will directed first, the payment of his debts, and then provided as follows : “Second, I give and bequeath to my beloved wife, Goldie Cohen, during her natural- life, all my real and personal property which I may die possessed of.
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Application for decree upon final accounting. The decedent left a widow and four children, and his will directed first, the payment of his debts, and then provided as follows : “Second, I give and bequeath to my beloved wife, Goldie Cohen, during her natural- life, all my real and personal property which I may die possessed of. Third, and I do hereby order and direct that after the death of my said wife, Goldie Cohen, all the residue of my real and personal property, which she shall die possessed of, shall be given to my children, in manner following, to wit: that is to say, all jewelry to my…
1Opinion of the Court
The Sueeogate.—It will be observed that the language of the second clause of the will under consideration is general, and such as would obviously give an absolute ownership to the property, but for the expression “during her natural life,” and the third clause, which provides that after the death of the testator’s wife, *50the residue oí his property, which she shall die possessed of \ shall be given to his childeren. Upon a careful study of these provisions, I am inclined to the opinion that it was the intent of the testator to confer upon his wife, during her life,' the right to possess,…
2Cases cited4 opinions
- Terry v. . WigginsNew York Court of Appeals · 1872
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- Norris v. . BeyeaNew York Court of Appeals · 1855
- Pinckney v. PinckneyNew York Surrogate's Court · 1850
3Cited by3 opinions
- Simpson v. FrenchNew York Surrogate's Court · 1888
- In re the Judicial Settlement of the Account of MillardNew York Surrogate's Court · 1889
- In re the Judicial Settlement of the Accounts of FrenchNew York Surrogate's Court · 1888