Legal Opinion

Meyer v. . Cahen

New York Court of Appeals

Decided November 27, 1888PublishedCited by 18 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31,1886, which affirmed a judgment entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff individually, and as executrix of the will of Julius E. Meyer, her deceased husband, to obtain a judicial construction of his will.

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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 31,1886, which affirmed a judgment entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff individually, and as executrix of the will of Julius E. Meyer, her deceased husband, to obtain a judicial construction of his will. The provisions of the will in question and the material facts are substantially set forth in the opinion. The widow was liable for the deficiency on the foreclosure sale. (1 E. S. 749, § 4.) The…

1Opinion of the CourtPeckham, J.

The defendants herein appeal from a judgment of the General Term, affirming that of the Special Term, construing the will of Julius E. Meyer, who died on the 20th of May, 1884. The defendants, Cahen, Avere appointed executors, and the other defendants are legatees under the will. By the second paragraph of his Avill the testator gave to his wife, the plaintiff, his house and lot in West Fifty-third street, 27eAV York, together with certain books, plate and other personal property, which were to be received in lieu of doAver. By the third paragraph he bequeathed to Paula Friedheim the sum of…

2Cases cited1 opinion

  1. Weeks v. . CornwellNew York Court of Appeals · 1887

3Cited by18 opinions

  1. In re the Estate of SmallmanNew York Surrogate's Court · 1931
  2. Larson v. CurranSupreme Court of Minnesota · 1913
  3. Fleisch v. Insurance Co. of North AmericaMissouri Court of Appeals · 1894
  4. Griffin v. GouldAppellate Court of Illinois · 1979
  5. Hannibal Trust Co. v. ElzeaSupreme Court of Missouri · 1926

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