Horstmann v. . Flege
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 13, 1901, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The widow is not entitled to dower if the acceptance of it by her is inconsistent with other provisions of the will for her benefit. (Adsit v. Adsit, 2 Johns.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 13, 1901, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The widow is not entitled to dower if the acceptance of it by her is inconsistent with other provisions of the will for her benefit. (Adsit v. Adsit, 2 Johns. Ch. 448 ; Savage v. Burnham, 17 N. Y. 577.) The provision for the plaintiff in her husband’s will is inconsistent with her claim for…
1Opinion of the CourtHaight, J.
This action was brought by the plaintiff, as the widow of Luhr Horstmann, Sr., for the admeasurement of dower in the premises of which her husband died seized.
Luhr Horstmann was the owner of fourteen parcels of land of the value of about $53,000 at the time of his death. He left a last will and testament, which has been duly proved and admitted to probate. By his will he divided his real estate among his children, charging upon the portion devised to each, with one exception, an annuity amounting in the aggregate to $500 per year, which he required the devisee to pay to his widow annually…
2Cases cited6 opinions
- Lewis v. . SmithNew York Court of Appeals · 1854
- Tobias v. . KetchumNew York Court of Appeals · 1865
- Konvalinka v. . SchlegelNew York Court of Appeals · 1887
- In Re the Accounting of GordenNew York Court of Appeals · 1902
- In Re the Distribution of the Surplus Money Arising Upon the Sale of the Real Estate of ZahrtNew York Court of Appeals · 1884
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3Cited by13 opinions
- Roessle v. RoessleAppellate Division of the Supreme Court of the State of New York · 1914
- McDermid v. BourhillOregon Supreme Court · 1921
- In re the Transfer Tax Upon the Estate of StuyvesantNew York Surrogate's Court · 1911
- In re the Accounting by EllingerNew York Surrogate's Court · 1923
- In re the Estate of RehillNew York Surrogate's Court · 1932
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