In Re the Judicial Settlement of the Accounts of White
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made at the June Term, 1889, which reversed a decree of the surrogate of Tates county settling the accounts of an executor. The controversy hinged upon the construction to he given to the will of Sarah Hoover, deceased, of which the said Calvin J. White was the executor. The material clauses of the will are as follows: “ First.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made at the June Term, 1889, which reversed a decree of the surrogate of Tates county settling the accounts of an executor. The controversy hinged upon the construction to he given to the will of Sarah Hoover, deceased, of which the said Calvin J. White was the executor. The material clauses of the will are as follows: “ First. After all my lawful debts are paid and discharged, I give and bequeath to Mary F. Emerson, wife of B. K. Emerson, or his heirs, my house-and lot in the…
1Opinion of the CourtFinch, J.
We are required on this appeal to determine the construction of a will about which the courts below have disagreed. The testatrix owned a house and lot of the value of two thousand dollars, and disposed of it by the first clause of her will which reads: “ After all my lawful debts are paid and discharged, I give and bequeath to Mary F. Emerson, wife of B. K. Emerson, or his heirs, my house and lot in the village of Dundee, if I am possessed of one at my death, or if I am not possessed of one, I order my executor hereinafter named, to pay to the said Mary F. Emerson, two thousand doll am, on…
2Cited by7 opinions
- Russell v. AdamsCourt of Appeals of Texas · 1927
- Cramer v. CramerNew York Supreme Court · 1901
- Estate of GoetzCalifornia Court of Appeal · 1910
- In re the Estate of UhlNew York Surrogate's Court · 1940
- In re the Judicial Settlement of the Account of Proceedings of BauerAppellate Division of the Supreme Court of the State of New York · 1942
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