Davy v. Stewart
Appellate Division of the Supreme Court of the State of New York
Appeal from surrogate’s court, Monroe county. Action by John M. Davy and. another, as surviving executors of the will of Michael Filón, deceased, against S. Louise Stewart and others. From a decree of the surrogate’s court directing the. payment to the executors of defendant Mary E. Filón of a portion of the trust estate accruing after her death, complainants appeal.
1Opinion of the CourtFollett, J.
July 13, 1893, Michael Filón died, at the city of. Rochester, leaving a last will and testament, which was duly probated September 26, 1893, by the surrogate of the county of Monroe, and letters testamentary issued thereon to Mary E. Filón, Platt B. Yiele, and John M. Davy, the executors nominated in the will. The testator left no descendants, but left a widow and nephew and nieces, who- were his heirs and next of kin. The testator, by the first 18 clauses of his will, made various devises and bequests. The nineteenth and twenty-first clauses, over which this controversy arises, are as…
2Cases cited6 opinions
- Delafield v. . ShipmanNew York Court of Appeals · 1886
- Verplanck v. TompkinsNew York Court of Appeals · 1898
- Montanye v. MontanyeAppellate Division of the Supreme Court of the State of New York · 1898
- Morgan v. WilliamsNew York Supreme Court · 1883
- Kelly v. CaseyNew York Supreme Court · 1891
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