Legal Opinion

In Re the Accounting of Evans

New York Court of Appeals

Decided July 12, 1922PublishedCited by 82 opinions

1Opinion of the CourtCardozo, J.

The third and ninth subdivisions of the will of Evan Evans, now before us for construction, contain the following provisions:

“Third: I give, devise and bequeath to my daughter Ellen of Utica, N. Y., the use during her lifetime, of my brick house on Miller Street which she now occupies; and after her decease the same to be sold, and the proceeds to be equally divided between my son John V. Evans and my son Evan T. Evans or their heirs respectively.”
“Ninth: The remainder and residue of my property of which I may be possessed at my decease and after my just debts, bequests and expenses shall be…

2Cases cited15 opinions

  1. Baer v. HendricksNew York Court of Appeals · 1895
  2. Doctor v. . HughesNew York Court of Appeals · 1919
  3. Tillman v. . DavisNew York Court of Appeals · 1884
  4. Delaney v. . McCormackNew York Court of Appeals · 1882
  5. In Re the Final Judicial Settlement of the Accounts of WellsNew York Court of Appeals · 1889

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3Cited by82 opinions

  1. In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1923
  2. Waxson Realty Corp. v. RothschildNew York Court of Appeals · 1931
  3. First and American National Bank v. HigginsSupreme Court of Minnesota · 1940
  4. George v. WidemireSupreme Court of Alabama · 1942
  5. In re the Last Will & Testament of BarneyAppellate Division of the Supreme Court of the State of New York · 1923

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