Wood v. . Mitcham
New York Court of Appeals
Appeal from judgment .of the General Term of the Supreme Court, in the first judicial department, entered upon an order made the first Monday of October, 1881, which affirmed a judgment entered upon a decision of the court on trial,at Special Term. This action was brought by plaintiffs as executors and trustees under the will of James Rowe, deceased, to obtain a construction of said will.
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Appeal from judgment .of the General Term of the Supreme Court, in the first judicial department, entered upon an order made the first Monday of October, 1881, which affirmed a judgment entered upon a decision of the court on trial,at Special Term. This action was brought by plaintiffs as executors and trustees under the will of James Rowe, deceased, to obtain a construction of said will. The substance of the portions of the will in question and the material facts are stated in the opinion. The intention of the testator, if not inconsistent with the rules of law, must govern ; and this…
1Opinion of the CourtRapallo, J.
The will of James Bowe was dated February 19, 1868, and he died October 18, 1871. Before the date of this will, viz.: in 1856, the testator’s daughter, Cordelia Yates, wife of Charles Yates, had died, leaving four children, the issue of her marriage with said Charles Yates, viz.: one son, Henry Yates, and three daughters, Viola, Adelaide and Catharine, all of whom survived the testator.
Charles Yates, the father of these children, had, after the death of his wife Cordelia, and during the life-time of the testator, viz.: in 1860, remarried, and by his second marriage had two children, viz.:…
2Cases cited1 opinion
- Van Kleeck v. Dutch ChurchNew York Supreme Court · 1838
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