Toher v. Crounse
New York Supreme Court
This action is brought to obtain a judicial construction of certain provisions of the will of James W. Marshall, deceased. The will bears date April 4, 1903, and the decedent died February 8, lOGA The will has been duly admitted to probate by a decree of the Surrogate’s Court of Madison county. At the date of the will and at the date of the decedent’s death, he had three children, the defendants Melva M. Crounse, Frederick W. Marshall and Charles B. Marshall.
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This action is brought to obtain a judicial construction of certain provisions of the will of James W. Marshall, deceased. The will bears date April 4, 1903, and the decedent died February 8, lOGA The will has been duly admitted to probate by a decree of the Surrogate’s Court of Madison county. At the date of the will and at the date of the decedent’s death, he had three children, the defendants Melva M. Crounse, Frederick W. Marshall and Charles B. Marshall. The defendant Melva M. Crounse has one child, the defendant Frederick M. Crounse, now of the age of five years. The defendant Frederick…
1Opinion of the CourtComan, J.
The sixth clause of the will, by which the decedent attempts to dispose of his entire residuary estate, reads as follows. For convenience in deferring to the different provisions of this clause, I have divided it into three parts as follows:
First subdivision: “ I hereby direct my executors,- hereinafter named, to divide all the rest, residue and remainder of my estate, both real and personal, into three equal shares, and I give, bequeath and devise one of said shares to the child or children of my said daughter. One share to the children of my said son Frederick W., and one share to the…
2Cases cited10 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Smith v. . EdwardsNew York Court of Appeals · 1882
- Van Cott v. . PrenticeNew York Court of Appeals · 1887
- Everitt v. . EverittNew York Court of Appeals · 1864
- Gilman v. . ReddingtonNew York Court of Appeals · 1861
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3Cited by1 opinion
- In re the Estate of WolfNew York Surrogate's Court · 1931