Harris v. Achilles
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Williams, J.:
Judgment should be ordered in favor of plaintiff, with costs.
The questions submitted involve the construction of the will of John Harris. It was made October 14, 1892, but the testator did not die until February 5, 1903, ten years later. When the will was made the testator had a wife, daughter, son and grandson living. Prior to his death the daughter, son and grandson died, but the wife was still living. She died August 10, 1907, four and one-half years after her husband’s death. The controversy here is between the representatives of the two estates of the testator and his wife,…
2Cases cited3 opinions
- Pomroy v. . HincksNew York Court of Appeals · 1904
- Phoenix v. Trustees of Columbia CollegeAppellate Division of the Supreme Court of the State of New York · 1903
- Phoenix v. Trustees of Columbia College, City of N.Y.New York Court of Appeals · 1904
3Cited by6 opinions
- In re the Estate of HarrisNew York Surrogate's Court · 1930
- In re the Estate of GargiuloNew York Surrogate's Court · 1930
- Wechsler v. DreyAppellate Division of the Supreme Court of the State of New York · 1922
- In re the Estate of SloatNew York Surrogate's Court · 1931
- In re BarnesNew York Surrogate's Court · 1920
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