Kinkele v. . Wilson
New York Court of Appeals
Appeal from a judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered June 19,1894, which reversed a judgment in favor of defendant entered upon the report of a referee. Henry 0. Giles died April 27tli, 1887, leaving a last will and a codicil thereto, which in due time and form were admitted to probate by the surrogate of the county of Hew York.
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Appeal from a judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered June 19,1894, which reversed a judgment in favor of defendant entered upon the report of a referee. Henry 0. Giles died April 27tli, 1887, leaving a last will and a codicil thereto, which in due time and form were admitted to probate by the surrogate of the county of Hew York. By the first three paragraphs of his will, which was dated August 7th, 1885, he directed the payment of his debts and funeral expenses, revoked all other wills by him made and appointed his wife, Emma…
1Opinion of the CourtVann, J.
The scheme of the will was that the defendant should not take the title to any of the property left by the testator, either real or personal, but that she should have the entire income from all of it so long as she lived and remained his widow. In case of her remarriage, however, instead of the entire income, he gave her simply an annuity of $2,000. Whether she remarried or not, these provisions were made, and, if accepted by her, were to be in lieu of dower and every other interest in his estate. All that he did not give to his wife he gave to his four residuary legatees, being a brother, a…
2Cases cited2 opinions
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- Redfield v. . RedfieldNew York Court of Appeals · 1891
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- Lewisohn v. . HenryNew York Court of Appeals · 1904
- In Re the Probate of the Will of TurnerNew York Court of Appeals · 1913
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