Miller v. . Gilbert
New York Court of Appeals
Appeal from order of the General Term of the City Court of Brooklyn, made April 24,1893, which overruled the appellants’ exceptions and denied a motion for a new trial. Also appeal from an order amending the above order. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the City Court of Brooklyn, made April 24,1893, which overruled the appellants’ exceptions and denied a motion for a new trial. Also appeal from an order amending the above order. The nature of the action and the facts, so far as material, are stated in the opinion. The devolution of the property in question must be governed by the rules applicable to personal property, the will effecting an equitable conversion of the realty into money on the termination of the widowhood of the testator’s wife, whether by marriage or death. (Moncrief v. Ross, 50 N. Y.…
1Opinion of the CourtBartlett, J.
This is an appeal from an order of the General Term of the City Court of Brooklyn, denying a motion for a new trial made by defendants Frederick P. Gilbert et al.
Also an appeal from an order amending the above order.
This action was brought to partition certain real estate in the city of Brooklyn, of which Baphael Gilbert died seized, and involves the construction of his will.
The testator died June 6, 1863, leaving him surviving his widow and four sons, Philo, Wesley, Henry and Wilbur.
The will is holographic and bears upon its face evidences of having been drawn by one wholly without legal…
2Cases cited6 opinions
- Smith v. . EdwardsNew York Court of Appeals · 1882
- Goebel v. . WolfNew York Court of Appeals · 1889
- Matter of TienkenNew York Court of Appeals · 1892
- Stokes v. . WestonNew York Court of Appeals · 1894
- Roome v. . PhillipsNew York Court of Appeals · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- In Re the Accounting of EvansNew York Court of Appeals · 1922
- Matter of GallienNew York Court of Appeals · 1928
- In Re the Accounting of RussellNew York Court of Appeals · 1901
- In Re the Probate of Will of HitchcockNew York Court of Appeals · 1917
- De Vries v. De VriesCalifornia Court of Appeal · 1911
30 more not listed; retrieve them via the Exa API.