Rausch v. Rausch
New York Supreme Court
Action by Bernhard Rausch against Katharina Rausch and others to construe the will of Michael Rausch, deceased. Michael Rausch died, leaving the defendant Katharina Rausch, his widow, and one son, the plaintiff. The latter had two children, named in the testator’s will which was admitted to probate.
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Action by Bernhard Rausch against Katharina Rausch and others to construe the will of Michael Rausch, deceased. Michael Rausch died, leaving the defendant Katharina Rausch, his widow, and one son, the plaintiff. The latter had two children, named in the testator’s will which was admitted to probate. When he died, the testator was seised of two pieces of real estate, one situated in Brooklyn, and the other in Clarenceville, L. I. On May 19, 1893,—a date intermediate between the execution of the will and his death,—the decedent delivered to his wife a conveyance of the Clarenceville property.…
1Opinion of the CourtCuller, J.
I regard Mellen v. Mellen, 139 N. Y. 210, 34 N. E. 925; Anderson v. Anderson, 112 N. Y. 104, 19 N. E. 427,—as conceding, it may be, rather than deciding, that an action of this character can be maintained under, section 1866, Code. I find that the testator conveyed the Clarenceville property, in his lifetime, to his present widow, Katharina Rausch, and hence hold that it is not necessary to determine or construe the provisions of the will regarding such property. I find the proper construction of said will to be as follows: By the first clause the testator gives the defendant an estate during…
2Cases cited3 opinions
- Mellen v. . MellenNew York Court of Appeals · 1893
- Anderson v. . AndersonNew York Court of Appeals · 1889
- Oxley v. . LaneNew York Court of Appeals · 1866
3Cited by3 opinions
- Hagen v. SacrisonNorth Dakota Supreme Court · 1909
- Cowman v. GlosIllinois Supreme Court · 1912
- Stephenson v. United StatesDistrict Court, W.D. New York · 1965