Ely v. Ely
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edwin A. Ely and others, from, parts of a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of New York on the 21st day of January, 1914, upon the decision of the court after a trial at the New York Special Term in an action to construe the will of Smith Ely, deceased.
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Appeal by the defendants, Edwin A. Ely and others, from, parts of a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of New York on the 21st day of January, 1914, upon the decision of the court after a trial at the New York Special Term in an action to construe the will of Smith Ely, deceased. Appeal by New York City Mission and Tract Society from so much of said judgment as declares invalid the legacy to it of $100,000. Appeal by the defendant, New York Association for Improving the Condition of the Poor,…
1Opinion of the Court
Clarke, J.:
This is an action to construe the will of Smith Ely, who died unmarried and childless at one o’clock on the morning of the *3231st day of July, 1911, a resident of the city and county of New York, and eighty-six years of age. He left a will executed March 1, 1906, and a codicil executed June 23, 1911, which were duly admitted to prohate.
His personal estate was appraised at $666,216.84 and his real estate at $492,980.26, not including the value of decedent’s homeatNo. 47 West Fifty-seventh street appraisedat$37,868.43, which the codicil devised to his heirs.
By the 1st clause of his will…
2Cases cited25 opinions
- Allen v. . StevensNew York Court of Appeals · 1899
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Kerr v. . DoughertyNew York Court of Appeals · 1880
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
- McCorn v. . McCornNew York Court of Appeals · 1885
20 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- In re the Estate of WalterNew York Surrogate's Court · 1933
- In re the Judicial Settlement of the Account of Proceedings of LlyodAppellate Division of the Supreme Court of the State of New York · 1915
- In re the Construction of the Last Will & Testament of JohnsonNew York Surrogate's Court · 1924
- Hughes v. StoutenburghAppellate Division of the Supreme Court of the State of New York · 1915
- In re Syracuse UniversityNew York Supreme Court · 1955
18 more not listed; retrieve them via the Exa API.