Legal Opinion

In re the Construction of the Last Will & Testament of Briggs

Appellate Division of the Supreme Court of the State of New York

Decided December 28, 1917PublishedCited by 32 opinions

Appeal by John Lynde Briggs and others from parts of a decree of the Surrogate’s Court of the county of Saratoga, entered in the office of said Surrogate’s Court on or abotit the 25th day of September, 1917, construing the last will and testament of Alice Hall Briggs, deceased.

1Opinion of the Court

Kellogg, P. J.:

The surviving husband, who is the life beneficiary, an executor and also trustee under the will, contends that the decree is erroneous in determining that he is not the absolute owner of the principal of the estate. The petitioner, the other executor and trustee, and the remaindermen contend that the decree improperly states the power of the husband to use the principal.

The will was made under the following conditions: The testatrix and her husband were living at Saratoga Springs; she owned real estate worth about $25,000, and had about $143,000 of personal property, the income…

2Cases cited8 opinions

  1. Colton v. ColtonSupreme Court of the United States · 1888
  2. Robinson v. . MartinNew York Court of Appeals · 1910
  3. Cammann v. . BaileyNew York Court of Appeals · 1913
  4. In Re the Judicial Settlement of the Accounts of JamesNew York Court of Appeals · 1895
  5. Matter of TienkenNew York Court of Appeals · 1892

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3Cited by32 opinions

  1. Nettleton v. CommissionerUnited States Tax Court · 1945
  2. In re MatthewsAppellate Division of the Supreme Court of the State of New York · 1938
  3. In re the Estate of LeonardNew York Surrogate's Court · 1932
  4. Estate of Ralph G. May, Mildred K. May v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1960
  5. In re the Estate of GatehouseNew York Surrogate's Court · 1933

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