Murray v. . Miller
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 23, 1903, in favor of the plaintiffs upon the submission of a controversy under section 1279 of the Code of Civil Procedure.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 23, 1903, in favor of the plaintiffs upon the submission of a controversy under section 1279 of the Code of Civil Procedure. James Fraser died on the 11th day of June, 1876, seized of the real property described in the record, and left a will dated the 3rd day of December, 1862, which was admitted to probate on the 11 tli day of January, 1877, the material parts of which, disposing of his residuary estate, are as follows: “ I give, devise and bequeath to my beloved wife,…
1Opinion of the CourtWerner, J.
As disclosed by the foregoing statement of facts, this controversy arises over the title to certain real property in the city of Hew York, of which James Fraser died seized, and which he attempted to dispose of by his will. The respondents, consisting of the plaintiffs and their mother, the defendant Catharine Murray, assert the invalidity of this testamentary disposition and, as heirs at law and dowress respectively, claim title and possession to the lands in question. The appellants, with the exception of the corporation above named, are variously interested as trustee, beneficiary,…
2Cases cited14 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- White v. . HowardNew York Court of Appeals · 1871
- Holland v. . AlcockNew York Court of Appeals · 1888
- Bascom v. . AlbertsonNew York Court of Appeals · 1866
- Levy v. . LevyNew York Court of Appeals · 1865
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3Cited by26 opinions
- In Re the Probate of the Will ShattuckNew York Court of Appeals · 1908
- Mount v. . TuttleNew York Court of Appeals · 1906
- Melenky v. . MelenNew York Court of Appeals · 1922
- In re the Estate of TerwilligarNew York Surrogate's Court · 1931
- In re the Judicial Settlement of the Intermediate Account of Proceedings of BrownNew York Surrogate's Court · 1927
21 more not listed; retrieve them via the Exa API.