In Re the Accounting of Werlich
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first-judicial department, entered January 16, 1920, which reversed a decree of the New York County Surrogate’s Court holding invalid a codicil to the will of Percival J. Werlich, deceased, and remitted the matter to said Surrogate’s Court for entry of a decree in accordance with the opinion of said Appellate Division.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first-judicial department, entered January 16, 1920, which reversed a decree of the New York County Surrogate’s Court holding invalid a codicil to the will of Percival J. Werlich, deceased, and remitted the matter to said Surrogate’s Court for entry of a decree in accordance with the opinion of said Appellate Division. The facts, so far as material, and the questions certified are stated in the opinion.
1Opinion of the Court
Pound, -J.
Cap cam Pereival Julius Werlich and Lucy Glover Werlich were married during the year 1903. He had been married previously and a divorce had been, procured by his first wife. One child was born to the first marriage, Pereival McCeney Y/erlich, his father's sole heir at law and next of kin and the petitioner herein, accounting as administrator with the will annexed of his father. Mrs. Werlich died on October 6, 1915. Werlich died March 16, 1916.
On February 28, 1905, Werlich made a will wherein he gave to his son his gold watch and chain, and then provided after payment of all his just…
2Cases cited5 opinions
- In Re the Accounting of TamargoNew York Court of Appeals · 1917
- Close v. Farmers' Loan & Trust Co.New York Court of Appeals · 1909
- Wood v. . MitchamNew York Court of Appeals · 1883
- In Re the Probate of the Will of DisneyNew York Court of Appeals · 1907
- Raymond v. George Junior Republic Ass'nNew York Supreme Court · 1913
3Cited by11 opinions
- In re the Estate of BarrettNew York Surrogate's Court · 1931
- In re the Judicial Settlement of the Account of Proceedings of the Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1928
- Armstrong v. ButlerSupreme Court of Arkansas · 1977
- In re the Estate of HopnerNew York Surrogate's Court · 1933
- Vincent v. PutnamNew York Supreme Court · 1926
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