Konvalinka v. . Schlegel
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 9, 1886, which affirmed a judgment, entered upon a decision of the court on trial at Special Term. (Reported below, 39 Hun, 451.) This action was brought to obtain a judicial construction of the will of George Schlegel, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 9, 1886, which affirmed a judgment, entered upon a decision of the court on trial at Special Term. (Reported below, 39 Hun, 451.) This action was brought to obtain a judicial construction of the will of George Schlegel, deceased. The facts, so far as material, are stated in the opinion. The entire estate became personalty and vested in the executors in equity, for the purpose of putting them in the possession of a fund to carry out the trust created by the will.…
1Opinion of the CourtAndrews, J.
The question is, whether the widow of the testator is put to her election between dower and the provision in the will.
The estate of the testator consisted of both real and per sonal property. The will, after directing the payment of the testator’s debts and funeral expenses, and after giving to his wife the bed-room furniture in his dwelling-house, and to his children the rest of the furniture therein, proceeds as follows : “All the rest, residue and remainder of my estate, property and effects of every nature, kind and description, I give, devise and bequeath to my executors and executrix…
2Cases cited8 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Vernon v. . VernonNew York Court of Appeals · 1873
- In Re the Final Accounting of FrazerNew York Court of Appeals · 1883
- Wood v. WoodNew York Court of Chancery · 1836
- Church v. BullNew York Supreme Court · 1845
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3Cited by65 opinions
- In Re the Accounting of GordenNew York Court of Appeals · 1902
- Equitable Trust Co. v. WardCourt of Chancery of Delaware · 1946
- Roessle v. RoessleAppellate Division of the Supreme Court of the State of New York · 1914
- In re Weiler's EstateNew York Surrogate's Court · 1910
- Horstmann v. . FlegeNew York Court of Appeals · 1902
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