Riggs v. . Palmer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 5,1887, which affirmed a judgment dismissing the complaint entered upon the report of a referee. This action was brought to have the will of Francis B. Palmer, deceased, so far as it devises and bequeaths jiroperty to Elmer E. Palmer, canceled and annulled. The facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 5,1887, which affirmed a judgment dismissing the complaint entered upon the report of a referee. This action was brought to have the will of Francis B. Palmer, deceased, so far as it devises and bequeaths jiroperty to Elmer E. Palmer, canceled and annulled. The facts are sufficiently stated in the opinion. The right of Francis B. Palmer to make another will was a sacred one, entitled to the protection of the law, and he had the same right to enjoy his property…
1Opinion of the CourtEarl, J.
On the 13th day of August 1880, Francis B. Palmer made his last will and testament, in which- he gave small legacies to his two daughters, Mrs. Riggs and Mrs. Preston, the plaintiffs in this action, and the remainder of his estate to his grandson, the defendant, Elmer E. Palmer, subject to the support of Susan Palmer, his mother, with a gift over to the two daughters, subject to the support of Mrs. Palmer, in case Elmer should survive him and die tinder age, unmarried and without any issue. The testator at. the date of his will owned a farm and considerable personal property. lie was a…
2Cases cited3 opinions
- New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
- Owens v. . OwensSupreme Court of North Carolina · 1888
- Harrison's Appeal from ProbateSupreme Court of Connecticut · 1880
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