Bundy v. . Bundy
New York Court of Appeals
Suit brought to obtain a judicial construction of the will of Laartus Bundy, deceased, and comes into this court-on an appeal by the defendant, Clarissa M. Bundy (now Clarissa M. Travner), from so much of the judgment entered and perfected at the General Term of the Supreme Court of the sixth district, as adjudges and determines, that the said Clarissa Bundy was and is only entitled to have her support from the legacy bequeathed to her in the last will and testament of said…
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Suit brought to obtain a judicial construction of the will of Laartus Bundy, deceased, and comes into this court-on an appeal by the defendant, Clarissa M. Bundy (now Clarissa M. Travner), from so much of the judgment entered and perfected at the General Term of the Supreme Court of the sixth district, as adjudges and determines, that the said Clarissa Bundy was and is only entitled to have her support from the legacy bequeathed to her in the last will and testament of said Laartus Bundy, deceased, during her life, and if she died without heirs of her body, said legacy then should be equally…
1Opinion of the CourtGrover, J.
The questions arising upon this appeal, relate only to the rights of Mrs. Travis, acquired under the will of Laartus Bundy, her former husband. The first inquiry is, whether she takes one-half of the estate absolutely, or whether the devise thereof to the heirs, as provided by the will upon her decease, is valid. It is clear that such devise to the heirs is valid, unless, the power of disposition of the one-half is given by the will to the appellant. (Norris v. Bryen et al., 13 N. Y. 273; Tyron v. Blake, 22 N. Y. 558.) The power of disposition of the property by the appellant, is claimed from…
2Cases cited2 opinions
- Norris v. . BeyeaNew York Court of Appeals · 1855
- Tyson v. . BlakeNew York Court of Appeals · 1860
3Cited by29 opinions
- Livingston v. . GreeneNew York Court of Appeals · 1873
- In Re the Accounting of the Manufacturers National Bank of TroyNew York Court of Appeals · 1936
- Stephenson v. KuntzWest Virginia Supreme Court · 1948
- Perry v. BrownSupreme Court of Rhode Island · 1912
- McWilliams v. GoughWisconsin Supreme Court · 1903
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