Ametrano v. . Downs
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered September 12, 1901, affirming a judgment of the Special Term construing the will of Margaret Shelley, deceased. The facts, so far as material, are stated in the opinion. The will itself and thé surrounding circumstances clearly show it was the intention of the testator to devise and bequeath all her property to her daughter Elizabeth F. Ametrano.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered September 12, 1901, affirming a judgment of the Special Term construing the will of Margaret Shelley, deceased. The facts, so far as material, are stated in the opinion. The will itself and thé surrounding circumstances clearly show it was the intention of the testator to devise and bequeath all her property to her daughter Elizabeth F. Ametrano. (Provost v. Calyer, 62 N. Y. 545; Byrnes v. Baer, 86 N. Y. 210; Schult v. Moll, 132 N. Y. 122; Wager v. Wager, 96 N. Y. 164; Vanderpoel…
1Opinion of the CourtCullen, J.
On August 7th, 1884, Margaret Shelley, now deceased, receiAred by conveyance from her husband through an intermediary an undivided oneJialf in the pjremises known as number 22 Oliver street, in the city of Mew York. On March 12th, 1891, she executed the following avíII :
“ I, Margaret-Shelley, of the City, County and State of Mew York, being of sound disposing mind and memory, do hereby make, pAublisli and declare this to be my last avíII and testament.
“ Ei/rst. I order and direct my funeral expenses to be p>aid as soon as shall be convenient after my decease.
“ Second. I give, devise and…
2Cases cited7 opinions
- Beck v. McGillisNew York Supreme Court · 1850
- McNaughton v. . McNaughtonNew York Court of Appeals · 1866
- Horton v. . McCoyNew York Court of Appeals · 1871
- Adams v. WinneNew York Court of Chancery · 1838
- Sweezy v. ThayerThe Superior Court of New York City · 1852
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3Cited by47 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- In Re the Accounting of BrannNew York Court of Appeals · 1916
- In re the Accounting of Y. B. GardenNew York Court of Appeals · 1960
- Schroeder v. HappCalifornia Supreme Court · 1909
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1937
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