Miller v. von Schwarzenstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, • Maude Davidson von Schwarzenstein,. from a judgment of the Supreme Court in favor of the plaintiff,, entered in the office of the clerk of the county- of Wyoming on the-27th day of January, 1900, upon the decision of the court rendered after a trial before the court without a- jury at the Wyoming Trial Term upon a state of facts agreed upon by the parties interested.
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Appeal by the defendant, • Maude Davidson von Schwarzenstein,. from a judgment of the Supreme Court in favor of the plaintiff,, entered in the office of the clerk of the county- of Wyoming on the-27th day of January, 1900, upon the decision of the court rendered after a trial before the court without a- jury at the Wyoming Trial Term upon a state of facts agreed upon by the parties interested. The judgment determined that the defendant von Schwarzenstein was not entitled to any part of the residuary estate of one James M. Davidson, deceased, under his last will and testament, but that the…
1Opinion of the Court
McLennan, J.:
The action was commenced in May, 1899, by the executor, .to obtain a judicial construction of the last will and testament _ of James M. Davidson, deceased, who died at Warsaw, N. Y., on the 11th day of January, 1899. The will is dated May 17, 1892; is in the handwriting of the testator, and was admitted to probate by the Surrogate’s Court of Wyoming county on the 11th day of April, 1899. The testator left no widow, but left him surviving the defendant Maude Davidson von Schwarzenstein, his only child and heir at law.
The provisions of the will which in any manner bear upon the…
2Cases cited10 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Moore v. LyonsNew York Supreme Court · 1840
- Livingston v. . GreeneNew York Court of Appeals · 1873
- Hersee v. . SimpsonNew York Court of Appeals · 1897
- In re Judicial Settlement of the Accounts of EmbreeAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by2 opinions
- Roosevelt v. PorterNew York Supreme Court · 1901
- In re the Estate of TimsNew York Surrogate's Court · 1909