Walker v. Steers
New York Supreme Court
Appeal from judgment on report of referee. Action by Henry B. Walker and others, executors, etc., of Schuyler B. Steers, deceased, against Delos Steers, Frederick A. Saville, and others, for •the construction of the will of Schuyler B. Steers, who died at Cooperstown, Otsego county, December 18, 1889, where he then resided.
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Appeal from judgment on report of referee. Action by Henry B. Walker and others, executors, etc., of Schuyler B. Steers, deceased, against Delos Steers, Frederick A. Saville, and others, for •the construction of the will of Schuyler B. Steers, who died at Cooperstown, Otsego county, December 18, 1889, where he then resided. The will is dated July 15, 1886, and was duly admitted to probate by the surrogate of Otsego county on December 28, 1889. In this will the testator, after providing for the payment of debts and funeral expenses, gave to his wife $50,000 and all his household furniture,…
1Opinion of the CourtMerwin, J.
The contention of the appellants is that the decision of the referee, so far as he holds that the tenth clause of the will is revoked by the contract of June 14,1889, is erroneous. The, theory of the respondents is that the provisions of the contract are wholly inconsistent with that part of the will, and therefore amount to a revocation within section 48, tit. 1, e. 6, pt. 2, of the Revised Statutes. 4 Rev. St. (8th Ed.) 2549. The theory of'the appellants is that the contract is not wholly inconsistent, and also that it is not a valid instrument. The real question in substance is whether the…
2Cases cited10 opinions
- Williams v. . WhedonNew York Court of Appeals · 1888
- Burwell v. CawoodSupreme Court of the United States · 1844
- Garvey v. . McDevittNew York Court of Appeals · 1878
- Scholefield v. EichelbergerSupreme Court of the United States · 1833
- Ross v. . HardinNew York Court of Appeals · 1879
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3Cited by1 opinion
- Merrill v. LynchNew York Supreme Court · 1939