Williams v. Conrad
New York Supreme Court
OTION for the construction of a will. Ephraim Conrad died the 5th day of November, 1834, in the city of New York, leaving a last will and testament duly executed, his widow Mary Conrad, and eleven children; one, Mary Elizabeth, born after his decease. Of these children, all were minors at the time of his death, but three. He died seised and possessed of both real and personal property.
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OTION for the construction of a will. Ephraim Conrad died the 5th day of November, 1834, in the city of New York, leaving a last will and testament duly executed, his widow Mary Conrad, and eleven children; one, Mary Elizabeth, born after his decease. Of these children, all were minors at the time of his death, but three. He died seised and possessed of both real and personal property. Mary Conrad, the widow, died in 1857, Seven of the children 'died before the widow, five of them leaving issue, and two without issue. The four children of the testator surviving the widow, were of the age of…
1Opinion of the CourtSutherland, J.
The plaintiffs, two of the surviving children of Ephraim Conrad, the testator, by the complaint in this action, ask for a judicial construction of his will, and to have the rights and interests of the parties claiming the property or proceeds of the property of which he died seised and possessed, under his will or otherwise, adjudged and determined. The testator can hardly be said to have made any disposition of his property by his will, in direct and apt words. It is plain, however, that after the payment of his debts and funeral expenses, he intended that all his property, real and…
2Cases cited5 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Haxtun v. CorseNew York Court of Chancery · 1848
- Judson v. GibbonsNew York Supreme Court · 1830
- King v. DonnellyNew York Court of Chancery · 1835
- Stewart v. McMartinNew York Supreme Court · 1849
3Cited by11 opinions
- Bliven v. . SeymourNew York Court of Appeals · 1882
- Shepperd v. FisherSupreme Court of Missouri · 1907
- Cummings v. CoreyMichigan Supreme Court · 1885
- Simpson v. CookSupreme Court of Minnesota · 1877
- Mockbee v. GroomsSupreme Court of Missouri · 1923
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