Stilwell v. Doughty
New York Surrogate's Court
Samuel Stilwell by Ms will gives to Elizabeth Stilwell, during her life, the clear income of his real estate. Some of tMs real estate is situate upon a street through which a sewer has recently been constructed; and the expenses thereof have been assessed against the “ heirs of Samuel Stilwell,” and are a lien upon the lands in question.
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Samuel Stilwell by Ms will gives to Elizabeth Stilwell, during her life, the clear income of his real estate. Some of tMs real estate is situate upon a street through which a sewer has recently been constructed; and the expenses thereof have been assessed against the “ heirs of Samuel Stilwell,” and are a lien upon the lands in question. The question is—who is to pay the assessment; and if the tenant for life and remainder men are to contribute to the payment thereof, then in what proportions ? The fact that the testator gave Mrs. Stilwell the “ clear income” of his real estate, can make no…
1Opinion of the Court
The Surrogate.
The testator’s will contained the following clause: “ Item—I give, devise, and bequeath to my wife, Elizabeth, during her life, and for her use, the house and appurtenances where I now reside, and the clear income of all my real estate, except the land in Broome County.” An assessment for a sewer in Chatham Street has been laid upon a part of the premises devised, and a difference has arisen as to the payment, and by whom this charge is to be borne, by the life-tenant or the remainder men. The will gives the widow the “ clear income and by that expression I do not understand the…
2Cited by8 opinions
- Reyburn v. WallaceSupreme Court of Missouri · 1887
- Pratt v. DouglasSupreme Court of New Jersey · 1884
- Gillespie v. BrooksNew York Surrogate's Court · 1876
- Foley v. KirkNew Jersey Court of Chancery · 1880
- Gunning v. CarmanNew York Surrogate's Court · 1877
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