Durkee v. Smith
New York Surrogate's Court
Appeal by the plaintiff, Henry Crandall Durkee, and the defendant, Anna M. Lawler, from a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Warren on the 8th day of May, 1915, dismissing ¡the complaint upon the decision of the court, the jury having been dismissed by consent at the close of the case.
Read the full summary
Appeal by the plaintiff, Henry Crandall Durkee, and the defendant, Anna M. Lawler, from a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Warren on the 8th day of May, 1915, dismissing ¡the complaint upon the decision of the court, the jury having been dismissed by consent at the close of the case. This is an action by one of the heirs at law of Henry Crandall, deceased, to have adjudged unlawful certain provisions of the will and testament of said deceased and to procure a distribution of his estate or a portion thereof as in…
1Opinion of the Court
Cochrane, J. —
Henry Crandall, a resident of Glens Falls, N. Y., died on the 19th day of February, 1913, leaving a last will and testament executed December 30, 1902, and two codicils thereto executed respectively December 10, 1903, and May 24, 1911, which will and codicils have been duly admitted to probate.' He left a widow surviving him who has since died, but no descendants.
By the 1st paragraph of his will the testator directed the payment of his debts. By the 2d paragraph he gave to his wife in case she survived him the use of all the rest and residue of his estate for her life. By the 3d…
2Cases cited7 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Fairchild v. . Edson Edson v. . BartowNew York Court of Appeals · 1897
- Phillips v. . PhillipsNew York Court of Appeals · 1889
- In Re the Probate of the Will of KelemanNew York Court of Appeals · 1891
2 more not listed; retrieve them via the Exa API.