Matter of Dewey
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the third judicial department, entered December 12, 1894, which reversed a decree of the surrogate of Clinton county judicially settling the accounts of executors and directed a rehearing. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the General Term of the Supreme Court in the third judicial department, entered December 12, 1894, which reversed a decree of the surrogate of Clinton county judicially settling the accounts of executors and directed a rehearing. The facts, so far as material, are stated in the opinion. The will of the testator gives to his widow the net income of $12,000 of his estate for her life, this income or use of his entire estate, up to $12,000, being expressly set in the place of dower interest in his real estate. An annuity of $720 was not given or intended. (D. D. Bank v.…
1Opinion of the CourtHaight, J.
Silas H. Dewey died on the 12th day of December, 1884, leaving him surviving the petitioner, Caro line J. Dewey, his widow, and Elizabeth It. Barber, wife of George E. Barber, his only child and heir at law. He left a last will and testament, which has been duly admitted to probate, in which he directed his executors to pay his funeral expenses and just debts. He then gave to his wife during her natural life his household and table furniture, bedding, pictures and household ornaments, and then by the third clause he provided as follows: “ I give, devise and bequeath to my said wife, Caroline…
2Cases cited5 opinions
- Robert v. . CorningNew York Court of Appeals · 1882
- Tobias v. . KetchumNew York Court of Appeals · 1865
- Ward v. . WardNew York Court of Appeals · 1887
- Delaney v. . Van AulenNew York Court of Appeals · 1881
- Whitson v. . WhitsonNew York Court of Appeals · 1873
3Cited by23 opinions
- McLouth v. . HuntNew York Court of Appeals · 1897
- Nowland v. KierulffCalifornia Supreme Court · 1904
- Bank of Niagara v. TalbotAppellate Division of the Supreme Court of the State of New York · 1906
- Peck v. KinneyCourt of Appeals for the Second Circuit · 1905
- Jewett v. SchmidtAppellate Division of the Supreme Court of the State of New York · 1903
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