Lewisohn v. . Henry
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1904, modifying and affirming as modified a judgment judicially construing the will of Leonard Lewisolm, deceased, entered upon the report of a referee. This action was brought to construe the will of the late Leonard Lewisolm, who died on the 5th of March, 1902, leaving four sons and five daughters as his heirs at law.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1904, modifying and affirming as modified a judgment judicially construing the will of Leonard Lewisolm, deceased, entered upon the report of a referee. This action was brought to construe the will of the late Leonard Lewisolm, who died on the 5th of March, 1902, leaving four sons and five daughters as his heirs at law. He left a large estate consisting mainly of personal property, but including an undivided interest in certain realty. The controversy arose over the…
1Opinion of the CourtVann, J.
The general purpose of the testator, as expressed in the seventh clause of his will, was to provide a liberal income for his children as long as they lived, free as to his daughters from the debts, control or interference of their husbands; to give his children one-lialf of his residuary estate as they grew old enough to be trusted with it, not all at once, however, but part at a certain age and the rest after an interval of five years and to give the other half to his grandchildren when it was no longer needed to produce an income for his children. Apparently he wished to do all he could for…
2Cases cited4 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- In Re the Accounting of CraneNew York Court of Appeals · 1900
- Paget v. . MelcherNew York Court of Appeals · 1898
- Kinkele v. . WilsonNew York Court of Appeals · 1897
3Cited by22 opinions
- Matter of TrevorNew York Court of Appeals · 1924
- Anderson v. MenefeeCourt of Appeals of Texas · 1915
- Shufeldt v. ShufeldtWashington Supreme Court · 1924
- People's Trust Co. v. . FlynnNew York Court of Appeals · 1907
- Dickerson v. SheehyAppellate Division of the Supreme Court of the State of New York · 1913
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