In Re the Accounting of Tamargo
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 29, 1915, which reversed so much of a decree of the New York County Surrogate’s Court settling the accounts of the administratrix herein as decreed that a bequest and devise of one-fourth of the residuary estate' lapsed and that the next of kin and heirs at law of the testatrix take such interest as intestate property.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 29, 1915, which reversed so much of a decree of the New York County Surrogate’s Court settling the accounts of the administratrix herein as decreed that a bequest and devise of one-fourth of the residuary estate' lapsed and that the next of kin and heirs at law of the testatrix take such interest as intestate property. The facts, so far as material, are stated in the opinion. The attempted gift to Mrs. Helbig lapsed upon her death prior to the testatrix, and the words “per…
1Opinion of the CourtCollin, J.
A provision of the will of Gertrude Vosseler gives rise to the question presented by this appeal. The provision is: “ Third. I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, of whatever name or kind, and wheresoever the same may be or is situated, which I now own, am seized or possessed or otherwise interested in or which I may at any time hereafter acquire and be interested in unto the following named persons, viz.: My brother-in-law Jacob Vosseler, my niece Lena Damarco née Meixmer, my sister-in-law Mrs. Helbusch née Vosseler, and my…
2Cases cited15 opinions
- Matter of HoffmanNew York Court of Appeals · 1911
- In Re the Final Judicial Settlement of the Accounts of WellsNew York Court of Appeals · 1889
- Thurber v. . ChambersNew York Court of Appeals · 1876
- Sanger v. BourkeMassachusetts Supreme Judicial Court · 1911
- Van Beuren v. . DashNew York Court of Appeals · 1864
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3Cited by102 opinions
- First and American National Bank v. HigginsSupreme Court of Minnesota · 1940
- In re the Final Judicial Settlement of the Account of Proceedings of NeydorffAppellate Division of the Supreme Court of the State of New York · 1920
- In re the Estate of BarrettNew York Surrogate's Court · 1931
- In Re the Construction of the Will of MaybaumNew York Court of Appeals · 1947
- In Re Estate of GravesSupreme Court of Kansas · 1969
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