Newcomb v. . Webster
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 21, 1887, which affirmed a decision entered upon a decision of the court on trial at Special Term. This action was brought to obtain a judicial construction of a will and codicil.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 21, 1887, which affirmed a decision entered upon a decision of the court on trial at Special Term. This action was brought to obtain a judicial construction of a will and codicil. It appeared that Angelina B. Walker died on the 7th of June, 1884, leaving real and personal property in Monroe county; that by her will, dated April 23, 1881, she, by its first clause, gave to her sister Olive, for life, house No. 89 Frank street; remainder to Mrs. A. B. Johnson, Mary…
1Opinion of the CourtDanforth, J.
Both will and codicil were admitted to probate by the surrogate of Monroe county, and administration granted to the persons named in the will as executors ; and some difference having arisen as to the effect of the codicil, this action was brought by executor Newcomb and others against executor Webster and others for the purpose of obtaining a judicial construction of its provisions. The plaintiffs contend that the codicil revokes all the provisions of the will, except those relating to the appointment of executors, while the defendants suppose that both instruments can stand and the legacies…
2Cases cited2 opinions
- Nelson v. McGiffertNew York Court of Chancery · 1848
- Westcott v. CadyNew York Court of Chancery · 1821
3Cited by23 opinions
- In re Proving the Last Will & Testament & Codicil Thereto of EmmonsAppellate Division of the Supreme Court of the State of New York · 1906
- Dougherty v. HolscheiderCourt of Appeals of Texas · 1905
- Wollesen v. CarlsonCalifornia Supreme Court · 1925
- In re the Probate of the Paper Offered for Probate as the Last Will & Testament of PilsburyNew York Surrogate's Court · 1905
- In re the Estate of WuppermannNew York Surrogate's Court · 1937
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