In Re the Judicial Settlement of the Accounts of Allen
New York Court of Appeals
Appeals from a judgment of the General Term of the Supreme Court in the -fifth judicial department, entered ¡November 12, 1894, which modified and as modified affirmed a decree of the Surrogate’s Court of the county of Cattaraugus. ¡Norman Howard died at the town of Dayton, Cattaraugus county, on or about the 12th day of March, 1866, leaving no children or lineal descendants, and leaving a will dated March 10th, 1866, which was admitted to probate by the surrogate of…
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Appeals from a judgment of the General Term of the Supreme Court in the -fifth judicial department, entered ¡November 12, 1894, which modified and as modified affirmed a decree of the Surrogate’s Court of the county of Cattaraugus. ¡Norman Howard died at the town of Dayton, Cattaraugus county, on or about the 12th day of March, 1866, leaving no children or lineal descendants, and leaving a will dated March 10th, 1866, which was admitted to probate by the surrogate of Cattaraugus county April 3rd, 1866. Testator left him surviving, his widow, Betsey Howard, his father, Harry, and mother,…
1Opinion of the Court
Andrews, Ch. J.
The devise of the residuary estate to the sisters and to the children of the brother of the testator, in the seventh provision of the will, was contingent upon the death of the father and mother of the testator before the death of his widow. It was only upon the happening of both of these events before her death that the devise to them was to take effect. The father’and mother both died after the testator’s death and before the death of his widow, and she having subsequently died the main question is whether Henry Milks, the son of the testator’s deceased sister Amanda, who…
2Cases cited3 opinions
- Goebel v. . WolfNew York Court of Appeals · 1889
- Thurber v. . ChambersNew York Court of Appeals · 1876
- Youngs v. . YoungsNew York Court of Appeals · 1871
3Cited by20 opinions
- Clark v. . CammannNew York Court of Appeals · 1899
- Savela v. EricksonSupreme Court of Minnesota · 1917
- Stanley v. StanleySupreme Court of Connecticut · 1928
- In re the Estate of LordNew York Surrogate's Court · 1929
- In re the Estate of AckermanNew York Surrogate's Court · 1930
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