Riley v. Diggs
New York Surrogate's Court
Application for the construction of bequests contained in decedent’s will, upon proceedings instituted for the probate thereof by Catherine E. Biggs, and another, executrices therein named, and opposed by Thomas H. Riley and others, decedent’s next of kin. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
The decedent died on the 30th day of November, 1880. Eight days before Ms death, he executed an instrument wMch this court has decided to be his last will and testament. His wife, Catherine McCue, survived him and is still living, as are also certain of Ms nephews and nieces. As his next of kin, they have put in issue the validity, construction and effect of certain dispositions in the will.
That instrument provides that one Margaret More-head shall receive $400, per annum, during the life of the testator’s wife, and thereafter, while she herself lives, the interest on $8,000.…
2Cases cited11 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- White v. . HowardNew York Court of Appeals · 1871
- Kerr v. . DoughertyNew York Court of Appeals · 1880
- Downing v. . MarshallNew York Court of Appeals · 1861
- Lefevre v. . LefevreNew York Court of Appeals · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Tallman v. TallmanThe Superior Court of the City of New York and Buffalo · 1893