Stokes v. . Weston
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 23, 1893, which, reversed a judgment in favor of defendants 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 fifth judicial department, entered upon an order made June 23, 1893, which, reversed a judgment in favor of defendants 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 words of a will are to be taken in their ordinary and grammatical sense unless a clear intention to use them in another sense can be collected, and that other sense can be ascertained. (Vernon v. Vernon, 53 N. Y. 351; Fowler v. Ingersoll, 127 id. 478; Smith…
1Opinion of the CourtBabtlett, J.
This is an action for partition and seeks, as incidental relief, a construction of the will of the late Samuel Stokes, of Auburn, Cayuga county, who died on the 24th of October, 1889. The testator left him surviving as legatees and devisees under his will his two sons, Charles E. Stokes and Alfred Stokes; a daughter, Clara McGee; a widow, Eliza Stokes, and two infant grandchildren, Henry Weston and Porter Weston, the children of his daughter Clara McGee. At the time of the testator’s death his two sons were unmarried. The material portions of the will read as follows, viz.:
“First. I give,…
2Cases cited4 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Livingston v. . GreeneNew York Court of Appeals · 1873
- Embury v. . SheldonNew York Court of Appeals · 1877
- Mead v. . MabenNew York Court of Appeals · 1892
3Cited by55 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- Connelly v. . O'BrienNew York Court of Appeals · 1901
- Williams v. . JonesNew York Court of Appeals · 1901
- In Re the Accounting of RussellNew York Court of Appeals · 1901
- Washbon v. . CopeNew York Court of Appeals · 1895
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