Phelps v. Phelps
New York Supreme Court
APPEAL from a decree made at a special term, upon pleadings and proofs. The action was brought by the plaintiff, as sole acting executrix, against the children and heirs at law of Anson Gr. Phelps, sen. for a construction of his last will and testament. The will was executed on the 24th day of March, 1852, in due form of law to pass real estate, and the testator died November 30, 1853. The will, as set forth in the complaint, contained the following provisions: “ First.
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APPEAL from a decree made at a special term, upon pleadings and proofs. The action was brought by the plaintiff, as sole acting executrix, against the children and heirs at law of Anson Gr. Phelps, sen. for a construction of his last will and testament. The will was executed on the 24th day of March, 1852, in due form of law to pass real estate, and the testator died November 30, 1853. The will, as set forth in the complaint, contained the following provisions: “ First. I hereby nominate, constitute and appoint my beloved wife Olivia, my son-in-law William E. Dodge, and my son Anson Gr,…
1Opinion of the CourtSutherland, J.
This case calls for the construction of the will of Anson Gr. Phelps, sen., deceased, late merchant of the city of Hew York; who died on the 30th November, 1853, leaving a widow and five children, Anson Gr. Phelps, jun. Mrs. Dodge, Mrs. Pond, Mrs. Stokes, Mrs. Atterbury, and twenty-two grandchildren, him surviving. Three of these grandchildren were children of a deceased daughter, Mrs. James;.the other grandchildren were children of the four daughters before named. After the testator’s death, and before the commencement of this action, two more grandchildren were born. All the grandchildren,…
2Cases cited4 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Executors of Moffat v. StrongNew York Supreme Court · 1813
- Haxtun v. CorseNew York Court of Chancery · 1848
- Van Vechten v. Van VeghtenNew York Court of Chancery · 1840
3Cited by9 opinions
- Becker v. ChesterWisconsin Supreme Court · 1902
- Simpson Centenary College v. TuttleSupreme Court of Iowa · 1887
- Graf v. GrafCourt of Appeals of Kentucky · 1912
- Conrad v. Manning's EstateMichigan Supreme Court · 1900
- Brown v. Bishop & Co.Hawaii Supreme Court · 1884
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