Meserole v. Meserole
New York Supreme Court
Appeal from a decision of the special term construing a will and sustaining the validity of its provisions. The plaintiffs, Abraham Meserole and others, bring the action for the construction of the will of one Abraham Meserole, admitted to probate in the city of New York on October 6,1871. The testator left two children, his son and daughter, the defendants Jeremiah Y. and Maria M., and three grandchildren, the plaintiffs.
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Appeal from a decision of the special term construing a will and sustaining the validity of its provisions. The plaintiffs, Abraham Meserole and others, bring the action for the construction of the will of one Abraham Meserole, admitted to probate in the city of New York on October 6,1871. The testator left two children, his son and daughter, the defendants Jeremiah Y. and Maria M., and three grandchildren, the plaintiffs. It is claimed in the complaint, that as to the residuum of the estate the testator died intestate, and the trusts and powers in respect to his residuary estate attempted to…
1Opinion of the CourtDaniels, J.
The testator left an estate of considerable magnitude, consisting of real and personal property. After the bequest of several legacies, concerning the validity of which no controversy exists, the testator gave, devised and bequeathed the residue and remainder of his real and personal estate to three executors, to take possession and hold the same and receive the rents, issues, profits and income thereof in the several shares and proportions, and for the respective periods afterward mentioned. He then directed that three equal fourteenth parts should be held by them for and during the natural…
2Cases cited2 opinions
- Tucker v. . BishopNew York Court of Appeals · 1857
- Bailey v. SouthwickNew York Supreme Court · 1872