Freeman v. . Coit
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 23, 1883, which modified and affirmed as modified a decree of the surrogate of the county of ¡New York, upon the accounting of Alfred A. Freeman as executor of the will of Sarah A. Freeman, deceased.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 23, 1883, which modified and affirmed as modified a decree of the surrogate of the county of ¡New York, upon the accounting of Alfred A. Freeman as executor of the will of Sarah A. Freeman, deceased. The testatrix died in December, 1876, leaving her husband, Alfred A. Freeman (the executor), her mother, Harriet A. Coit, and one daughter, Florence A. Freeman, then an infant about three years old, her surviving. The will of the testatrix, after providing for the…
1Opinion of the CourtAndrews, J.
The primary devise to Mrs. Coit was of the one-sixth part of the real and personal estate of the testatrix. The words “I give, devise and bequeath to my husband and to my mother, Harriet A. Coit, the other one-third of my property both real and personal, to be equally divided between them,” in the second section of the will, import a present absolute gift to the husband and mother as tenants in common of the one-third part of the estate. The claim that by the subsequent clause in the same section the prior devise to Mrs. Coit is made contingent upon the event of the testatrix’s surviving…
2Cases cited2 opinions
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- Taggart v. . MurrayNew York Court of Appeals · 1873
3Cited by39 opinions
- Moffett v. . ElmendorfNew York Court of Appeals · 1897
- Fairchild v. . Edson Edson v. . BartowNew York Court of Appeals · 1897
- Goodwin v. . CoddingtonNew York Court of Appeals · 1897
- Banzer v. . BanzerNew York Court of Appeals · 1898
- Allen v. CraftIndiana Supreme Court · 1887
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