Legal Opinion

Norris v. Beyea

New York Court of Appeals

Decided December 15, 1855PublishedCited by 12 opinions

Appeal from a judgment of the supreme court, in the second district. The action was brought in that court, to settle the construction of a will. *Cyrenius Crosby, on the 3d day of October, 1844, r*275 duly made and executed his last will and testament. L In the first place, he gave to his wife certain apartments in his dwelling-house, and certain rights in portions of his farm, and an annuity of $20 per annum out of the profits of the farm for life.

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Appeal from a judgment of the supreme court, in the second district. The action was brought in that court, to settle the construction of a will. *Cyrenius Crosby, on the 3d day of October, 1844, r*275 duly made and executed his last will and testament. L In the first place, he gave to his wife certain apartments in his dwelling-house, and certain rights in portions of his farm, and an annuity of $20 per annum out of the profits of the farm for life. He also gave her $20 per annum for life, to be paid by his four daughters, each paying an equal part. He next devised to his two sons, John…

1Opinion of the Court · DenioDenio, J.

None of the parties appealed to the general term from the judgment of the special term, except the defendant Beyea; and as all the others have acquiesced in that judgment, "it is only necessary upon the appeal of the plaintiff now under consideration, to examine the portions *279of the judgment of the general term, in which it is adjudged that a part of the fund in litigation belongs to Beyea, the special term having decided that he was not entitled to any portion of that fund, except a share of the residue and of the moneys which were due from the estate of the testator’s father, which came to…

Also in this document: Opinion of the Court · Marvin.

2Cases cited4 opinions

  1. Smith T. v. BellSupreme Court of the United States · 1832
  2. Covenhoven v. ShulerNew York Court of Chancery · 1830
  3. Executors of Moffat v. StrongNew York Supreme Court · 1813
  4. Bradstreet v. ClarkeNew York Supreme Court · 1834

3Cited by12 opinions

  1. Taggart v. . MurrayNew York Court of Appeals · 1873
  2. Crozier v. . BrayNew York Court of Appeals · 1890
  3. Canfield v. FallonAppellate Division of the Supreme Court of the State of New York · 1899
  4. Noble v. ThayerAppellate Division of the Supreme Court of the State of New York · 1897
  5. Simpson v. FrenchNew York Surrogate's Court · 1888

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