Legal Opinion
In re Crane
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 1899PublishedCited by 1 opinion
Appeal from surrogate’s court, New York county. In the matter of the estate of Lewis F. Battelle, deceased. Proceedings for final settlement of- accounts of Abraham B. Crane, substituted trustee. From the judgment of the surrogate’s court (53 N. Y. Supp. 374), certain legatees appeal.
1Opinion of the CourtCullen, J.
The only question presented by this appeal is the construction of the will of Lewis F. Battelle, deceased. After a gift of the residue of his estate, real and personal, to trustees, primarily to provide annuities for his widow and certain other relatives, the testator directed:
“Sixth. Upon the decease of my said wife, I order and direct that my estate-' be divided as follows, viz.: Equally between my brothers and sisters and my niece, Flora W. Bulkley, each one to take one equal share thereof: provided, however, that, from the share which my brother Charles B. Battelle will tie entitled to,…
2Cases cited10 opinions
- Smith v. . EdwardsNew York Court of Appeals · 1882
- Warner v. . DurantNew York Court of Appeals · 1879
- Goebel v. . WolfNew York Court of Appeals · 1889
- Shipman v. . RollinsNew York Court of Appeals · 1885
- Delafield v. . ShipmanNew York Court of Appeals · 1886
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3Cited by1 opinion
- Rudd v. CornellAppellate Division of the Supreme Court of the State of New York · 1901