Collister v. Fassitt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Amelia A. Fassitt, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 4th day of May, 1897, and also from an interlocutory judgment entered in said clerk’s office on the 25th day of November, 1896, directing a reference.
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Appeal by the defendant, Amelia A. Fassitt, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 4th day of May, 1897, and also from an interlocutory judgment entered in said clerk’s office on the 25th day of November, 1896, directing a reference. This action was brought to enforce a trust created by the will of the defendant’s husband for the support of the plaintiff, and to determine the amount of the allowance which the defendant should ■ properly make for such support under the provisions of said will.
1Opinion of the Court
Ingraham, J.:
The question as to the construction to be given to the 4th ■clause of the testator’s will, and the obligation imposed upon the testator’s wife for the support and benefit of the plaintiff, was •determined by this court upon an appeal from a judgment sustaining the defendant’s demurrer to the complaint, and it was held that the duty of supporting the plaintiff was imposed upon the wife, leaving only the details as to the amount and the time of payment to the wife’s discretion, the court saying: “It.is impossible, therefore, reading the entire will in the light of the surrounding…
2Cases cited1 opinion
- Collister v. FassittAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Manning v. SheehanNew York Supreme Court · 1912
- Estate of Lannon, Superior Court of California, County of San Francisco1897