Langley v. . Westchester Trust Co.
New York Court of Appeals
Appeal from a judgment entered May 5, 1904, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed an interlocutory judgment of Special Term construing the will of Francis C. Fleming, deceased. The facts, so far as material, are stated in the opinion. The gifts of the remainder interests under the will of Francis Fleming were to his brothers and sister as a class.
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Appeal from a judgment entered May 5, 1904, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed an interlocutory judgment of Special Term construing the will of Francis C. Fleming, deceased. The facts, so far as material, are stated in the opinion. The gifts of the remainder interests under the will of Francis Fleming were to his brothers and sister as a class. (Hoppock v. Tucker, 59 N. Y. 202; Roosevelt v. Porter, 36 Misc. Rep. 441; Matter of Russell, 168 N. Y. 169; Moffett v. Elmendorf, 152 N. Y. 475; Matter of Kimberly, 150 N. Y.…
1Opinion of the CourtHaight, J.
This action was brought to construe the will of Francis C. Fleming and to establish title in the plaintiff to one-sixtli of the decedent’s estate.
Francis C. Fleming died in February, 1882, in Westchester county, leaving a last will and testament, which was duly admitted to probate by the surrogate of that county on the 8th day of March, .1882. After making some provisions which are not material to be now considered, he directed his executrix and executors to take out of his estate sufficient money to purchase fifty thousand dollars of bonds, either of the Hnited States, State of Hew York, or…
2Cases cited10 opinions
- In Re the Appraisal Under the Transfer Tax Acts of the Property of KimberlyNew York Court of Appeals · 1896
- Kerr v. . DoughertyNew York Court of Appeals · 1880
- Matter of Accounting of BensonNew York Court of Appeals · 1884
- Riker v. . CornwellNew York Court of Appeals · 1889
- Moffett v. . ElmendorfNew York Court of Appeals · 1897
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3Cited by18 opinions
- Albany Hospital v. . Albany Guardian SocietyNew York Court of Appeals · 1915
- Bittner v. BittnerTexas Commission of Appeals · 1932
- Lightfoot v. PoindexterCourt of Appeals of Texas · 1917
- Peck v. PeckWashington Supreme Court · 1913
- In re the Estate of MahlstedtNew York Surrogate's Court · 1931
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