In Re the Estate of Schriever
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered September 29, 1916, which affirmed a decree of the Rock-land County Surrogate’s Court construing the will of John H. Sohriever,. deceased. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered September 29, 1916, which affirmed a decree of the Rock-land County Surrogate’s Court construing the will of John H. Sohriever,. deceased. The facts, so far as material, are stated in the opinion. A bequest to a testator’s widow while she remains his widow, that is, for life, if she so long continues a widow, and if she shall marry, then over, is not dependent on the contingency of the widow’s marrying again, but takes effect at all events on the determination of her estate, whether…
1Opinion of the CourtAndrews, J.
John H. Schriever died in 1910 leaving a will which was executed in 1899. He was evidently a man without education and at the time he made his will was incensed against his daughter because of her marriage. It is this will that we are called upon to construe.
It is upon a printed blank. By its first clause the testator gave the income of all his estate to his wife “ while she remains my widow, should she remarry I want my estate to be divided as follows, as written & mentioned on page 2 of this will.” Below this paragraph he pasted a telegram announcing the marriage of his daughter. He then…
2Cited by18 opinions
- Matter of ByrnesNew York Court of Appeals · 1933
- In Re the Will of WinburnNew York Court of Appeals · 1934
- West v. WestAppellate Division of the Supreme Court of the State of New York · 1926
- Mercantile-Commerce Bank & Trust Co. v. BinowitzMissouri Court of Appeals · 1951
- In re Marine Trust Co.Appellate Division of the Supreme Court of the State of New York · 1928
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