Seitz v. . Faversham
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 10, 1911, which affirmed a judgment of Special Term construing the will of Eliza Graf, deceased. This action was brought to construe the last will and testament of Eliza Graf, late of the borough of Brooklyn, who died on the fourth of October, 1909, leaving both real and personal property but neither ancestor nor descendant, brother or sister.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 10, 1911, which affirmed a judgment of Special Term construing the will of Eliza Graf, deceased. This action was brought to construe the last will and testament of Eliza Graf, late of the borough of Brooklyn, who died on the fourth of October, 1909, leaving both real and personal property but neither ancestor nor descendant, brother or sister. Aside from her husband her sole survivors were Julia Opp Eaversham, a niece, and Philip Eaversham, born November 26, 1907, and William…
1Opinion of the CourtVann, J.
The only clause of the will in question that now requires construction is the eighth, which is as follows: “I give and devise to the issue of my niece, Julia Opp Faversham, and her husband, William Faversham, the house and lot of land Yo. 397 Central Avenue in the borough of Brooklyn, city of Yew York, To Have and to Hold the same in equal shares, as joint tenants and not as tenants in common, when the youngest of such issue attains the age of twenty-one years, the net income after the payment of taxes, water rates, insurance, repairs and running expenses, to be applied to their use in equal…
2Cases cited7 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Roe v. . VingutNew York Court of Appeals · 1889
- In Re the Accounting of WilcoxNew York Court of Appeals · 1909
- Jacoby v. . JacobyNew York Court of Appeals · 1907
- Trask v. . SturgesNew York Court of Appeals · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- In re the Estate of DeilenNew York Surrogate's Court · 1935
- In re the Estate of MawhinneyNew York Surrogate's Court · 1932
- In re TrevorNew York Surrogate's Court · 1922
- In re the Estate of TiffanyNew York Surrogate's Court · 1935
- In re the Intermediate Account of RichmanNew York Surrogate's Court · 1945
18 more not listed; retrieve them via the Exa API.