Martin v. Andrews
New York Supreme Court
Action for a construction of the will and for an injunction restraining the defendant executors from selling real estate and from selling securities, except so much thereof as may be necessary to pay debts, legacies and expenses of administration.
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Action for a construction of the will and for an injunction restraining the defendant executors from selling real estate and from selling securities, except so much thereof as may be necessary to pay debts, legacies and expenses of administration. The testator, John Watts de Peyster, died May 4, 1907, leaving a last will and testament, which was duly probated in the Surrogate’s Court of Dutchess county on the 13th day of May, 1907. He died seized of real estate of the value of about $260,000, and personal property in securities amounting in value to over $2,000,000. He bequeathed to various…
1Opinion of the CourtMorschauser, J.
This action is brought by the residuary legatees to obtain a construction of the last will and testament of their grandfather, Gen. John Watts de Peyster, deceased, and the questions presented to the court for determination are:
First. Have the corporations named in testator’s will, all of which are defendants herein, the legal right to take and hold the legacies and devises given to them respectively in the will?
It appears from the evidence that each of said corporations has been organized under and in conformity with the laws of this State; that each of them is authorized by law to take real…
2Cases cited3 opinions
- Lane v. AlbertsonAppellate Division of the Supreme Court of the State of New York · 1903
- Taber v. WilletsAppellate Division of the Supreme Court of the State of New York · 1896
- Thomson v. HillNew York Supreme Court · 1895
3Cited by5 opinions
- Givens v. OttSupreme Court of Missouri · 1909
- Gilbreath v. CosgroveMissouri Court of Appeals · 1916
- A. H. Y. Color & Chemical Co. v. SilverPennylvania Municipal Court, Philadelphia County · 1933
- Grems v. ParsonsNew York Supreme Court · 1914
- In re the Judicial Settlement of the Final Account of Proceedings of Fleet Trust Co.New York Surrogate's Court · 1996