Fry v. Smith
New York Supreme Court
Demurrer to complaint. Cornelia N. Fry brought this action against William Alexander Smith, as executor of Sylvanus W. G-odon, deceased, with others, as sister and next of kin of Sally K. Grodon, deceased, to recover her distributive share of the estate of said Sally K. Grodon in the hands of defendant. Further facts sufficiently appear from the opinion.
1Opinion of the CourtVan Vorst, J.
Sally K. Grodon, a resident of New York, made her last will and testament, dated February 1, 1873, in and by which, after giving to a faithful servant an annuity of two hundred dollars, and to a relative a diamond ring, she disposed of the residue of her estate in these words:
“Third. All the remainder of my estate, real and personal, I give, devise and bequeath to my husband, Sylvanus Wm. Grodon, and at his death to go to my son, Frederick Wm. Codon, and to his natural heirs.”
The testatrix died possessed of personal property, but before her death, her son, Frederick Wm., named in the will,…
2Cases cited9 opinions
- Terry v. . WigginsNew York Court of Appeals · 1872
- Vernon v. . VernonNew York Court of Appeals · 1873
- Lefevre v. . LefevreNew York Court of Appeals · 1875
- Barnes v. . UnderwoodNew York Court of Appeals · 1872
- Ryder v. . HulseNew York Court of Appeals · 1862
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3Cited by5 opinions
- In re the Judicial Settlement of the Accounts of McLeodNew York Surrogate's Court · 1900
- Tompkins v. RiceNew York Supreme Court · 1890
- Phillips v. WisnerNew York Supreme Court · 1912
- Robins v. McClureNew York Supreme Court · 1884
- Robins v. McClureNew York Supreme Court · 1884