In re Martens
Appellate Division of the Supreme Court of the State of New York
Appeal by Claus Henry Martens, as executor, etc., of Claus H. Martens, deceased, from an order, of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 29th day of March, 1905, directing the appellant to pay to Theresa E. Martens interest upon a sum of money, as well as the principal, bequeathed to her by the will of the decedent.
1Opinion of the Court
Rich, J.:
Claus Herman Martens died testate on April 29, 1904, the owner of real property of the value of $43,350, subject to a mort*51gage of $5,000, and personal property of the value of $23,926.35. By the 2d subdivision of his will he devised to the respondent (his widow) unincumbered real property of the value of $5,500. The 3d subdivision provides: “ 1 give and bequeath unto my said beloved wife Theresa Martens out of the remainder of my real ■ and personal estate the sum of Fifteen thousand dollars.” The 4th subdivision is in the following language: “I do hereby declare and intend that the.…
2Cases cited4 opinions
- Stevens v. . MelcherNew York Court of Appeals · 1897
- Thorn v. . GarnerNew York Court of Appeals · 1889
- Stevens v. StevensNew York Supreme Court · 1894
- In re Judicial Settlement of the Account of DunnAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- In re the Estate of LevyNew York Surrogate's Court · 1957