Ely v. . Megie
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the' Supreme Court' in the first judicial department, entered September 14, 1914, affirming a judgment entered upon a decision of the court on trial at Special Term in • an action for the construction of the will and codicil thereto of Smith Ely, deceased. The facts, so far as material, are stated in the opinion. It was error to receive extrinsic evidence for the purpose of construing the will of Smith Ely.
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Appeal from a judgment of the Appellate Division of the' Supreme Court' in the first judicial department, entered September 14, 1914, affirming a judgment entered upon a decision of the court on trial at Special Term in • an action for the construction of the will and codicil thereto of Smith Ely, deceased. The facts, so far as material, are stated in the opinion. It was error to receive extrinsic evidence for the purpose of construing the will of Smith Ely. (Eidt v. Eidt, 203 N. Y. 325; Bevan v. Cooper, 72 N. Y. 317; Dreyer v. Reisman, 202 N. Y. 476; Fries v. Osborn, 190 N. Y. 35; Brill v.…
1Opinion of the CourtHogan, J.
Smith Ely died at the city of New York July 1, 1911, aged eighty-six years. He was a bachelor and left him surviving no ancestors or descendants, no descendants of any predeceased brother or sister, and no brothers or sisters except William H. and Edwin A. Ely, brothers, and Maria S. Vanderpoel, a sister.
The plaintiff, one of the executors of the last will of Smith Ely, sought in this action a construction of the will and codicil of the testator, a determination of the identity of the legatees thereunder, the validity of bequests contained therein and an adjudication whether the legacies…
2Cases cited24 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- Kerr v. . DoughertyNew York Court of Appeals · 1880
- McCorn v. . McCornNew York Court of Appeals · 1885
- Brill v. . WrightNew York Court of Appeals · 1889
- Briggs v. . CarrollNew York Court of Appeals · 1889
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