Adams v. Becker
New York Supreme Court
Appeal from a judgment dismissing the plaintiff’s complaint, entered upon the report of a referee. The action was brought to secure a construction of the last will and testament of Albert Adams, deceased, disposing of both real and personal estate.
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Appeal from a judgment dismissing the plaintiff’s complaint, entered upon the report of a referee. The action was brought to secure a construction of the last will and testament of Albert Adams, deceased, disposing of both real and personal estate. The disposing clause of the will is as follows: “After the payment of all my honest debts and funeral expenses, I give and bequeath to my wife, Cynthia W. Adams, the use of one-half of botli my real and personal property, together with the entire household furnitme, etc., during her lifetime. I give the balance of my estate, both personal and real,…
1Opinion of the Court
Barker, J.:
The complaint was dismissed on the sole ground that the court did not possess jurisdiction to try and determine the question presented. In the conclusions of law stated in the report the finding is as follows : “ There being no trust created by the will, there is nothing alleged in the complaint which entitled the plaintiff to call upon the court for the exercise of its equity powers, and, therefore, the complaint should be dismissed for want of jurisdiction.” The parties stipulated that the allegations of fact set forth in the complaint were true, and upon these facts the legal…
2Cases cited2 opinions
- Weed v. . WeedNew York Court of Appeals · 1883
- de Bussierre v. HolladayNew York Supreme Court · 1877