Rowe v. Lansing
New York Supreme Court
Case submitted on agreed statement. Action by Franklin A. Eowe and another, as executors, against Hannah M. Lansing and another, to construe a will.- The facts agreed upon are that Wendell Lansing died May 15, 1887, at his residence in Keeseville, Essex county, having previously made and published his last will and testament, whereby, after provision for debts and expenses, and for a monument not to cost more than $700, he provided as follows: “I give and devise to my wife,…
Read the full summary
Case submitted on agreed statement. Action by Franklin A. Eowe and another, as executors, against Hannah M. Lansing and another, to construe a will.- The facts agreed upon are that Wendell Lansing died May 15, 1887, at his residence in Keeseville, Essex county, having previously made and published his last will and testament, whereby, after provision for debts and expenses, and for a monument not to cost more than $700, he provided as follows: “I give and devise to my wife, Hannah M. Lansing, the use and income of the house and lot I now own and occupy, situate on Biver street, in the village…
1Opinion of the CourtLandon, J.
I incline to the opinion that the testator intended that the payment to his widow of the $100 annually during her life should be made, as directed, out of his personal estate; the principal to be applied to that purpose if the income should fail. The testator did not say it should be paid out of income. He pointed out no principal from which to raise it. He suggested no contingency. He declared “the provisions of this will” to be in lieu of dower and other statutory claims of the widow. All the provisions of the will in favor of his widow are made upon consideration of her electing to ac*779cept…
2Cases cited5 opinions
- Williamson v. WilliamsonNew York Court of Chancery · 1837
- Pierrepont v. . EdwardsNew York Court of Appeals · 1862
- Delaney v. . Van AulenNew York Court of Appeals · 1881
- Isenhart v. BrownNew York Court of Chancery · 1832
- Flynn v. CronikenNew York Supreme Court · 1853
3Cited by12 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- In re KohlerAppellate Division of the Supreme Court of the State of New York · 1920
- Houston Land & Trust Co. v. CampbellCourt of Appeals of Texas · 1937
- In re the Estate of AndersonNew York Surrogate's Court · 1932
- In re the Estate of ClarkNew York Surrogate's Court · 1938
7 more not listed; retrieve them via the Exa API.