Conner v. Watson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henrietta J. Conner, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 16th day of August, 1895, upon the report of a referee, in so far as said judgment fails to order, adjudge and decree that said defendant, Henrietta J. Conner, being the widow of James M. Conner, deceased, is entitled to dower in the premises mentioned and described in the ninth paragraph of said judgment, and…
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Appeal by the defendant, Henrietta J. Conner, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 16th day of August, 1895, upon the report of a referee, in so far as said judgment fails to order, adjudge and decree that said defendant, Henrietta J. Conner, being the widow of James M. Conner, deceased, is entitled to dower in the premises mentioned and described in the ninth paragraph of said judgment, and in so far as it fails to order, adjudge and decree that said referee inquire into the present value of said right of…
1Opinion of the Court
Williams, J.:
Huder the will the widow and children were entitled to an equal proportion of the property (R. S. part 2, chap. 1, tit. 2, § 98 [1 R. S. 731]), which provides that where a disposition under a power is directed to be made to or between several persons, without any specification of the share or sum to be allotted to each, all the persons designated shall be entitled to equal portions. Such being the construction of the will, the question raised here is settled by the authority of Konvalinka v. Schlegel (104 N. Y. 125), and the cases therein referred to. In that case the will, after…
2Cases cited1 opinion
- Konvalinka v. . SchlegelNew York Court of Appeals · 1887
3Cited by3 opinions
- McDermid v. BourhillOregon Supreme Court · 1921
- Glaser v. GlaserAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Estate of WeinsteinNew York Surrogate's Court · 1981