Bliven v. . Seymour
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order ’ made May 3, 1881, which affirmed a judgment entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff, as executor of the will of Sidney Janes, deceased to obtain a judicial construction of said will.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order ’ made May 3, 1881, which affirmed a judgment entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff, as executor of the will of Sidney Janes, deceased to obtain a judicial construction of said will. The testator died in February, 1878, leaving his widow and two daughters, Emily Seymour and Amelia Crumb, surviving ; both of the daughters had children then living. ■ The clauses of the will which are in question are as follows: “ I…
1Opinion of the CourtFinch, J.
It is to be regretted that an estate so small as that here in controversy should be further lessened by a litigation, both long and severe; but the contest may have been unavoidable ; and in any event the questions presented must be carefully determined without reference to the amount involved. The will to be construed is quite confused, and very inartificially drawn, and makes any effort to ascertain the intention of the testator somewhat difficult and unsatisfactory. We may best examine it by considering in their order the objections taken by the appellants, and .the construction of…
2Cases cited7 opinions
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- Gilman v. . ReddingtonNew York Court of Appeals · 1861
- Parks v. ParksNew York Court of Chancery · 1841
- Converse v. KelloggNew York Supreme Court · 1850
- De Kay v. Irving & De KayCourt for the Trial of Impeachments and Correction of Errors · 1846
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3Cited by62 opinions
- In Re the Appraisal Under the Transfer Tax Acts of the Property of KimberlyNew York Court of Appeals · 1896
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- In Re the Accounting of NelsonNew York Court of Appeals · 1924
- Steinway v. . SteinwayNew York Court of Appeals · 1900
- Phillips v. . PhillipsNew York Court of Appeals · 1889
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