Matteson v. Matteson
New York Supreme Court
This action was brought after the death of H. W. Matteson, the appointment of his widow under his will as executrix, and after she had qualified and entered upon her duties as such executrix, for the construction of the will of H. W. Matteson. Ho proof was given as to the responsibility of the widow, nor as to fitness to carry out the will.
1Opinion of the CourtHardin, J.
It must be assumed in this case that the venue is properly laid. Ho question as to the propriety of the venue was properly raised upon the trial.
The plaintiff asked for a construction of the will of H. W. Matteson, deceased. A court of equity has jurisdiction and power to give construction of the will, as the parties are properly before the court and a trust is involved.
Such suit may be instituted by an heir at law interested in the estate, in the event that, the will, or portions, are declared void. Such heir may come into court and ask for a construction of and an adjudication upon such…
2Cases cited11 opinions
- Phelps' v. . PondNew York Court of Appeals · 1861
- Bascom v. . AlbertsonNew York Court of Appeals · 1866
- Holmes v. . MeadNew York Court of Appeals · 1873
- Quin v. . LloydNew York Court of Appeals · 1869
- Harrison v. . HarrisonNew York Court of Appeals · 1867
6 more not listed; retrieve them via the Exa API.