Lathrop v. Lathrop
New York Supreme Court
Appeal from special term, Monroe county. Action by Clarissa C. Lathrop against Helen C. Lathrop and others to construe the will of Jemima W. Lathrop, deceased. From a judgment adjudging certain bequests and devises to plaintiff to be held in trust for her benefit, plaintiff appeals.
1Opinion of the CourtLewis, J.
The purpose of this action is to obtain a construction of the will of Jemima W. Lathrop, who was the mother of the parties to the action. The will was probated by the surrogate of Monroe county, July 28, 1890. The testatrix, by the second and third clauses of her will, disposes of some articles of personal property. The controversy is over the fourth, fifth, and sixth clauses of the will. The material part of these clauses is as follows; “Fourth. All moneys in bank and other personal property belonging to me not bequeathed by the foregoing second and third provisions of this will, I give unto…
2Cases cited2 opinions
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Phillips v. . DaviesNew York Court of Appeals · 1883
3Cited by2 opinions
- In re the Judicial Settlement of the Account of WhitingNew York Surrogate's Court · 1900
- In re the Judicial Settlement of the Accounts of Van HorneNew York Surrogate's Court · 1898