Miller v. Weinstein
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
McLaughlin, J.:
On the 10th of January, 1814, Jacob Miller died, leaving him surviving his widow, Jane M. Miller, and seven children, all of . whom were of full age. He left a will which was admitted to probate as a will valid to pass both real and personal estate, and letters testamentary were issued to Charles H. Miller, Henry E. Crampton and Frederic Gr. Smedley, the executors therein named. By his will thé testator devised all the rest, residue and remainder of his estate, which included the real estate, the title to which is here in question, to his executors, or the survivor or survivors…
2Cases cited2 opinions
- Taylor v. KleinAppellate Division of the Supreme Court of the State of New York · 1900
- Potter v. SachsAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Wyeth v. SorchanNew York Supreme Court · 1902