Allport v. Jerrett
New York Supreme Court
Appeal from judgment on report of referee. Action by Mary J. Allport, executrix of Mariah E. House, deceased, against Lewis D. Jerrett and Garrett S. Cole, executors of William C. House, deceased, and another. From a judgment for defendants, entered in Oswego county, -dismissing the complaint, plaintiff appeals. Plaintiff is executrix of the last will and testament of her mother, Mariah E. House.
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Appeal from judgment on report of referee. Action by Mary J. Allport, executrix of Mariah E. House, deceased, against Lewis D. Jerrett and Garrett S. Cole, executors of William C. House, deceased, and another. From a judgment for defendants, entered in Oswego county, -dismissing the complaint, plaintiff appeals. Plaintiff is executrix of the last will and testament of her mother, Mariah E. House. On January 24, 1885, William C. House, then a resident of New Haven, Oswego county, died, leaving him surviving his widow, Mariah E. House, then about 72 years of age, and his two daughters, the…
1Opinion of the CourtHardin, P. J.
We think the language of the will of Mr. House clearly indicates that his intention was to give “the use of all the residue and remainder of my [his] property, real and personal, for her use and benefit, and the avails of the same for and during her natural life.” We think it was also his intention that, in the event of the avails or use being insufficient, her support should be and was made a charge upon the corpus of his estate. Such intention was clearly evidenced by the use of the following words, viz.: “And if from any cause the use of said property shall prove insufficient for her…
2Cases cited6 opinions
- Lent v. . HowardNew York Court of Appeals · 1882
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- Thurber v. . ChambersNew York Court of Appeals · 1876
- Stimson v. . VromanNew York Court of Appeals · 1885
- Glen v. FisherNew York Court of Chancery · 1822
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hardee Trustees v. HortonSupreme Court of Florida · 1925
- Swarthout v. RanierNew York Supreme Court · 1893
- Hibbard v. Commercial Alliance Life InsuranceThe Superior Court of the City of New York and Buffalo · 1893
- Hibbard v. Commercial Alliance Life InsuranceThe Superior Court of New York City · 1893