In Re the Judicial Settlement of the Accounts of Seebeck
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 14, 1892, which affirmed a decree of the Surrogate’s Court of Kings county adjudging that Anna M. Tienken had no interest in the sprplus income of the estate of John H. Seebeck, deceased.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 14, 1892, which affirmed a decree of the Surrogate’s Court of Kings county adjudging that Anna M. Tienken had no interest in the sprplus income of the estate of John H. Seebeck, deceased. Appeal, also, from an order of said General Term, made February 10, 1892, which reversed an order of said Surrogate’s Court denying a motion to dismiss the petitions of Anna M. Tienken and others, as executors. This proceeding was instituted by Anna M. Tienken, individually,…
1Opinion of the CourtMaynard, J.
By the nineteenth clause of a will made May 20, 1880, the testator devised to his sister certain real property in the city of Brooklyn during her life, with remainder to her children in equal shares, and in case any of the children should be dead leaving lawful issue surviving such issue should take the share which the parent would have taken if living. By the twentieth clause he gave the residue of his estate to his sister’s children in equal shares, to have and to hold the same to them, their executors, administrators and assigns forever. By the third paragraph of a codicil made April 9,…
2Cases cited2 opinions
- Goebel v. . WolfNew York Court of Appeals · 1889
- Bowditch v. . AyraultNew York Court of Appeals · 1893
3Cited by11 opinions
- In Re the Accounting of RussellNew York Court of Appeals · 1901
- Miller v. OliverCalifornia Court of Appeal · 1921
- Quade v. BertschAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Judicial Settlement of the Account of Proceedings of LowerreNew York Surrogate's Court · 1918
- Gwyer v. GwyerAppellate Division of the Supreme Court of the State of New York · 1896
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