In Re the Accounting of Gorden
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 30, 1902, which affirmed a decree of the Kings County Surrogate’s Court settling the accounts of Joseph Gorden, Susan Gorden, Burt D. Harrington and Stephen M. Hoye, as executors of and trustees under the will of William Gorden, deceased.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 30, 1902, which affirmed a decree of the Kings County Surrogate’s Court settling the accounts of Joseph Gorden, Susan Gorden, Burt D. Harrington and Stephen M. Hoye, as executors of and trustees under the will of William Gorden, deceased. William Gorden, a resident of the borough of Brooklyn, died in January, 1899, leaving him surviving a widow, twelve children and several grandchildren, the issue of a deceased daughter. Seven of his children were infants and one was of…
1Opinion of the CourtVann, J.
The only question argued before us is whether the widow of the testator is entitled to the provision made for her by her husband in his will in addition to dower in his real estate. If she was put to her election, she made it by commencing an action for the admeasurement of her dower. (L. 1896, ch. 546, § 180; 2 Scribner on Dower [2nd ed.], 511.)
While dower is favored by the law, the right to both dower and the benefit of a testamentary provision must yield to the intention of the testator when expressly stated or clearly implied. If there is reasonable doubt the widow takes both, but when…
2Cases cited8 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Lewis v. . SmithNew York Court of Appeals · 1854
- Tobias v. . KetchumNew York Court of Appeals · 1865
- Konvalinka v. . SchlegelNew York Court of Appeals · 1887
- Asche v. . AscheNew York Court of Appeals · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- In re the Estate of GreenbergNew York Surrogate's Court · 1931
- Wood v. Conqueror Trust Co.Supreme Court of Missouri · 1915
- In re the Judicial Settlement of the Account of TailerAppellate Division of the Supreme Court of the State of New York · 1911
- Roessle v. RoessleAppellate Division of the Supreme Court of the State of New York · 1914
- Horstmann v. . FlegeNew York Court of Appeals · 1902
35 more not listed; retrieve them via the Exa API.