Legal Opinion

Mitchell v. Van Allen

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 11 opinions

Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Goodrich, P. J.:

The controversy submitted involves the construction of the will of George C. Mitchell, deceased. He died in 1898, seized of land at Jamaica, and his will has been admitted, to probate.

The will contained the following clause :

“ First. After my lawful debts are paid, I give and bequeath to my well beloved wife, Julia A. Mitchell, all of my real estate and personal property of which I may be possessed at the time of my death for her own personal use and benefit during her natural life, and at her death all that may remain and be left is to go to our daughter, Mary E. Crawford,…

2Cases cited6 opinions

  1. Campbell v. . BeaumontNew York Court of Appeals · 1883
  2. Leggett v. . FirthNew York Court of Appeals · 1892
  3. Crain v. . WrightNew York Court of Appeals · 1889
  4. Thomas v. WolfordNew York Supreme Court · 1888
  5. Kendall v. CaseNew York Supreme Court · 1895

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. In Re the Estate of FeltNew York Court of Appeals · 1923
  2. In re the Appraisal of the Estate of GranfieldNew York Surrogate's Court · 1913
  3. Shea v. CampbellNew York Supreme Court · 1911
  4. In re the Construction of the Last Will & Testament of HartNew York Surrogate's Court · 1923
  5. In re the Construction of the Last Will & Testament of SievertAppellate Division of the Supreme Court of the State of New York · 1935

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API