Duclos v. . Benner
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1891, which modified and affirmed as modified a judgment construing the will of Hiram Benner, deceased, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1891, which modified and affirmed as modified a judgment construing the will of Hiram Benner, deceased, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The widow of the testator is, by the provisions of the will, entitled to the profits which arose from the purchase and sale of the government bonds to the amount of $30,000. (Lansing v. Tompkins, 45 Barb. 316;…
1Opinion of the CourtEarl, J.
On the 9th day of July, 1876, Hiram Benner, an inhabitant of the city of 2Tew York, died, leaving real and personal property of the value of about $100,000. He left a will which was subsequently admitted to probate, in which he devised and bequeathed all his estate to his executors and trustees in trust as follows: To set apart for the occupation of his widow and minor children a house with the furniture therein; to set apart and invest sufficient of his estate to yield and pay an annual income of $500 to his mother, Hannah Benner, during her life; to set apart and invest $30,000, or…
2Cited by5 opinions
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