Schlereth v. Schlereth
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Susanna Dietrich and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of April, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, construing the will of Peter Fuchs, deceased.
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Appeal by the defendants, Susanna Dietrich and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of April, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, construing the will of Peter Fuchs, deceased. Peter Fuchs died in the city of New York on the 29th day of December, 1898, leaving plaintiff, his daughter, his only child and sole heir at law and next of kin. By the terms of his will and codicil his daughter and one other were therein named as…
1Opinion of the Court
Hatch, J.:
It is not contended by any of the parties to this appeal but that the will, which is the subject of construction, worked an equitable conversion of the testator’s real property into personalty. Such is clearly the effect of the provisions of the will, and, therefore, the same is to be construed by the rules applicable to the bequest of personal property. The real question which the case presents is, *287whether the gift over to the children of the testator’s brother-in-law and the children of a sister, all living in Germany, is so dependent upon the validity of the 7th and 9th clauses…
2Cases cited2 opinions
- Greenland v. . WaddellNew York Court of Appeals · 1889
- Adams v. BergerNew York Supreme Court · 1891