Legal Opinion

Rastetter v. Hoenninger

Appellate Division of the Supreme Court of the State of New York

Decided July 11, 1912PublishedCited by 17 opinions

Appeal by the plaintiffs, Elizabeth Rastetter and others, infants, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York, on the 21st day of February, 1912, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint.

1Opinion of the Court

Scott, J.:

This is an action in equity to enforce the provisions of a joint will made by Franz Rastetter and Elizabetha Rastetter, his wife.

On September 4, 1902, the said Franz and Elizabetha Rastetter jointly executed a paper drawn in the form of a last will and testament as to which they declared “this and this only to be our last mutual and joint will and testament.” The will provided that the survivor should have the income of oúr real and personal property during his or her natural life for his or her own use and benefit, and that “after the death of the survivor of either of us, all our…

2Cases cited1 opinion

  1. Edson v. . ParsonsNew York Court of Appeals · 1898

3Cited by17 opinions

  1. Larrabee v. PorterCourt of Appeals of Texas · 1914
  2. Hermann v. LudwigAppellate Division of the Supreme Court of the State of New York · 1919
  3. Stevens v. MyersOregon Supreme Court · 1918
  4. Canada v. IhmsenWyoming Supreme Court · 1925
  5. Tooker v. VreelandNew Jersey Court of Chancery · 1921

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