In re the Final Accounting of De Witt Gardner
New York Supreme Court
Appeal by Fannie M. Rice and Anna Bunnelle, legatees under tbe will of Mary D. Tyler, deceased, from a decree of tbe Surrogate’s Court of tbe county of Oswego, granted on tbe 2d day of August, 1892, and entered in said surrogate’s office on tbe 23d day of August, 1892, and also from tbe decree of said court granted and entered on tbe 22d of June, 1892. Hon. Ransom H. Tyler, ex-county judge of Oswego county, died at Fulton on tbe 2d day of November, 1881, leaving a last will…
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Appeal by Fannie M. Rice and Anna Bunnelle, legatees under tbe will of Mary D. Tyler, deceased, from a decree of tbe Surrogate’s Court of tbe county of Oswego, granted on tbe 2d day of August, 1892, and entered in said surrogate’s office on tbe 23d day of August, 1892, and also from tbe decree of said court granted and entered on tbe 22d of June, 1892. Hon. Ransom H. Tyler, ex-county judge of Oswego county, died at Fulton on tbe 2d day of November, 1881, leaving a last will and testament bearing date tbe 19tb day of February, 1880, wbicb was admitted to probate on tbe 1st of December, 1881,…
1Opinion of the Court
Hardin, P. J. :
Apparently the intention of the testator was to confide to bis wife tbe poiver “ to liave and to bold ” bis “ property and estate, both real and personal,” and to give her tbe power to use tbe income thereof, as well as tbe body of tbe estate; and foreseeing that she might not use up or consume tbe whole of tbe property be provided for two contingencies: first, that in tbe event slie did not make a disposition of any of tbe property that remained at tbe time of her death, that tbe same should pass to bis son Frederick; and, secondly, be apparently clothed her with power to…
2Cases cited5 opinions
- Terry v. . WigginsNew York Court of Appeals · 1872
- Crozier v. . BrayNew York Court of Appeals · 1890
- Flanagan v. FlanaganNew York Supreme Court · 1880
- Leggett v. FirthNew York Supreme Court · 1889
- In re Williamson's EstateNew York Surrogate's Court · 1888