Titus v. Bassi
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Titus, individually and as executor, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Nassau on the 25th day of June, 1917, dismissing the complaint upon the merits after a trial at the Nassau Special Term.
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Appeal by the plaintiff, John Titus, individually and as executor, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Nassau on the 25th day of June, 1917, dismissing the complaint upon the merits after a trial at the Nassau Special Term. The plaintiff brought this action individually and as executor of the will of his deceased brother, Wilham Titus, who died in the year 1915, to obtain a judgment that a devise and bequest of the residuary estate to the defendant Alida L. T. Bassi (formerly Alida L. Titus), the widow of the…
1Opinion of the Court
Kelly, J.:
There is substantially no dispute as to the facts. The testator, William Titus, married the defendant, respondent, Alida Bassi (formerly Alida Titus) on April 27, 1898. There was no issue of the marriage. Titus was a resident of East Williston, Nassau county. On February 16, 1903, he made his will, the 7th subdivision of which is as follows:
“ Seventh. All the rest, residue and remainder of my estate of whatever name, nature or description I give to my wife Alida L. Titus. This provision for my said wife is given to and is accepted by her in lieu of her dower interest in my estate.”
In…
2Cases cited2 opinions
- Walton v. WaltonNew York Court of Chancery · 1823
- Burnham v. . ComfortNew York Court of Appeals · 1888
3Cited by15 opinions
- In re SchweizerNew York Surrogate's Court · 1922
- In re the Estate of LoebNew York Surrogate's Court · 1935
- In re the Estate of MarucciaNew York Court of Appeals · 1981
- In re the Probate of the Will of WallaceNew York Surrogate's Court · 1944
- In re the Estate of SimpsonNew York Surrogate's Court · 1935
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