Legal Opinion

Brown v. Wheeler

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

Decided July 1, 1900PublishedCited by 4 opinions

Appeal by the plaintiff, Mariam Brown, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the ceunty of Clinton on the 13th day of December, 1899, upon the decision of the court, rendered after a trial at the Clinton Trial Term before the court without a jury, dismissing the complaint upon the merits.

1Opinion of the Court

Merwin, J.:

On the 6th day of January, 1894, Artemas Bassett, then a resident of West Chazy, in the county of Clinton, died, leaving a last will and testament, which was duly admitted to probate on February 12, 1894, and letters testamentary issued to the defendant, Lillian Delphine Wheeler, the executrix named in the will. The plaintiff and the defendant were the sole heirs and next of kin of the decedent. The will was made December 28,1893. One of the bequests in the will was as follows : “ I give my daughter, Mariam Brown, use of $1,000 during her life, and after her death I give the use of…

2Cases cited3 opinions

  1. Riggs v. . CraggNew York Court of Appeals · 1882
  2. In Re the Judicial Settlement of the Account of RandallNew York Court of Appeals · 1897
  3. Garlock v. . VandevortNew York Court of Appeals · 1891

3Cited by4 opinions

  1. Pfister v. WriterNew York Supreme Court · 1901
  2. Phalen v. United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905
  3. Phalen v. United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905
  4. Phalen v. United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905

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