Teetsell v. Ross
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Mary K. Ross and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 16th day of February, 1922, upon the decision of the court rendered after a trial before the court without a jury at the Albany Trial Term. Plaintiff brings this action as an heir at law of her father, Joseph B. Killip, to partition real estate of which he died seized.
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Appeal by the defendants, Mary K. Ross and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 16th day of February, 1922, upon the decision of the court rendered after a trial before the court without a jury at the Albany Trial Term. Plaintiff brings this action as an heir at law of her father, Joseph B. Killip, to partition real estate of which he died seized. He left a will executed in the year 1887 duly admitted to probate which will omitting the formal parts thereof is as follows: “…
1Opinion of the Court
Cochrane, P. J.:
Confining ourselves to a perusal of the will we think the testator intentionally or otherwise failed to devise his real estate except as to the use thereof by his wife during her widowhood and except also in the event of her remarriage. The language of the 2d paragraph of the will clearly permits no other inference and the will in its entirety discloses no disposition of the property except as aforesaid. In each of the authorities cited by the appellants to the contrary the will contained a different provision or somewhere therein considering the will in its entirety appeared…
2Cited by4 opinions
- Endicott Johnson Corp. v. BadeAppellate Division of the Supreme Court of the State of New York · 1973
- In re the Estate of CampbellNew York Surrogate's Court · 1941
- In re the Will of LambertNew York Surrogate's Court · 1944
- Leland v. HokeNew York Supreme Court · 1935