Petry v. Petry
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Cathryn Petry and others, from a judgment or decree of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of New York on the 11th day of April, 1918, upon the decision of the court after a trial at the New York Special Term, and also from an order entered in said clerk’s office on the 24th day of June, 1918, denying appellants’ motion for a new trial for the purpose of offering additional evidence.
1Opinion of the Court
Page, J.:
The testator died on January 6, 1910. The provisions of the will of which a construction is sought are the following: The testator devised and bequeathed two-thirds of his residuary estate to his executors in trust to pay to his wife all the net income thereof during her life, and upon her death to be divided as follows:
“ 1. A one undivided one-half part of said portion of my estate so held in trust, I give, devise and bequeath unto my brother John Joseph Petry, provided he survives my wife, * * * and in the event of the death of said John Joseph Petry prior to the decease of my…
2Cases cited11 opinions
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1914
- Soper v. . BrownNew York Court of Appeals · 1892
- Ferrer v. . PyneNew York Court of Appeals · 1880
- Vincent v. . NewhouseNew York Court of Appeals · 1881
- Jackson v. JacksonMassachusetts Supreme Judicial Court · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
- Central Hanover Bank & Trust Co. v. PellNew York Court of Appeals · 1935
- In re MeekerNew York Surrogate's Court · 1929
- In re the Appointment of an Ancillary Successor Trustee under the Will of GoodNew York Court of Appeals · 1952
- In re the Estate of MannNew York Surrogate's Court · 1930
40 more not listed; retrieve them via the Exa API.