Palmer v. . Dunham
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme 'Court in the first judicial department, entered upon an order made July 23, 1889, which affirmed a judgment to the effect that the defendant Annie P. Dunham was not entitled to share in a fund created by the will of Thomas B. liegeman, deceased, entered upon an order of Special Term confirming the report of a referee. The nature of the action and the facts, so far as'material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme 'Court in the first judicial department, entered upon an order made July 23, 1889, which affirmed a judgment to the effect that the defendant Annie P. Dunham was not entitled to share in a fund created by the will of Thomas B. liegeman, deceased, entered upon an order of Special Term confirming the report of a referee. The nature of the action and the facts, so far as'material, are stated in the opinion. The language of the fourth clause in itself is such as to ■call for construction. (In re Smith, L. R. [5 Ch. Div.] 497; Colton v. Fox,…
1Opinion of the CourtO’Brien, J.
This appeal involves the construction of certain clauses contained in the will of Frances B. liegeman, deceased. The will was executed in the year 1876, and the testatrix died in the year 1877. The action was brought by the trustee under the will to settle his account, and he also asks that the court give construction to and determine the meaning of certain provisions of the will. A referee was appointed to state the account and report the facts with his opinion thereon to the court. The facts and the law applicable to the questions in the case, as found by the referee, were substantially…
2Cases cited2 opinions
- Palmer v. . HornNew York Court of Appeals · 1881
- Matter of CrawfordNew York Court of Appeals · 1889
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- New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
- In Re the Accounting of BusheNew York Court of Appeals · 1919
- Brisbin v. HuntingtonSupreme Court of Iowa · 1905
- In re the Estate of WatsonNew York Surrogate's Court · 1932
- Harrison v. McAdamNew York Supreme Court · 1902
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