Toerge v. Toerge
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Nicholas Toerge, from a judgment of the Supreme Court, bearing date the 9th day of April, 1896, and entered in the office of the clerk of the county of Kings, upon the decision of the court, rendered after a trial at the Kings County-Special Term, construing the last will and testament of. Maria E-Stark, deceased. '
1Opinion of the Court
Osborne, J.;
One Maria Elizabeth Stark died January 4, 1880, leaving a last will and testament bearing date May 15, 1879, which has been duly admitted to probate. This action is brought to obtain a judicial construction of the so-called residuary clause of her will.
At the time of making her will the testatrix had two children living, viz., a son, John Neiheisel, then of unsound mind, and a. daughter, Lena, the wife of the defendant Nicholas Toerge.
The testatrix, at, the time of making her will, was the owner of four certain houses and lots in Brooklyn, a house and lot in New York city and…
2Cases cited2 opinions
- Floyd v. . CarowNew York Court of Appeals · 1882
- Dole v. JohnsonMassachusetts Supreme Judicial Court · 1862
3Cited by3 opinions
- In re the Construction of the Will of ThompsonAppellate Division of the Supreme Court of the State of New York · 1948
- Shindler v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1912
- In re the Construction of Will of HuntNew York Surrogate's Court · 1921