Erwin v. Waterbury
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charlotte A. Erwin, individually and as executrix, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of St. Lawrence on the 8th day of September, 1917, upon the decision of the court after a trial before the court without a jury.
Read the full summary
Appeal by the plaintiff, Charlotte A. Erwin, individually and as executrix, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of St. Lawrence on the 8th day of September, 1917, upon the decision of the court after a trial before the court without a jury. The judgment decreed that by the terms of the will of Levi E. Waterbury, deceased, the plaintiff and the. defendant Gertie M. Erwin took only a contingent title to the residuary estate of said decedent and that an accounting be had by the plaintiff for all moneys and other…
1Opinion of the Court
Woodward, J.:
Levi E. Waterbury left a last will and testament in which, after providing for the payment of his debts, he gave to his wife the life use of the house and lot where they resided, together with the furniture and fixtures, and $1,000 in money and one-half of the net income of a certain farm. These were in lieu of dower, and have no bearing upon the question here involved, except as a part of the environment of the remaining provisions of the will. The wife predeceased the testator, and the property fell into the residuary estate. He then gave to his son-in-law (the husband of…
2Cases cited5 opinions
- In Re the Accounting of RussellNew York Court of Appeals · 1901
- Washbon v. . CopeNew York Court of Appeals · 1895
- Quackenbos v. . KingslandNew York Court of Appeals · 1886
- Nellis v. . NellisNew York Court of Appeals · 1885
- In re the Judicial Settlement of the Accounts of CramerAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by10 opinions
- In re the Last Will & Testament of BarneyAppellate Division of the Supreme Court of the State of New York · 1923
- In re the Estate of EvansNew York Surrogate's Court · 1937
- Palmer v. FrenchSupreme Court of Missouri · 1930
- In re the Estate of MahlstedtNew York Surrogate's Court · 1931
- In re the Estate of HenryNew York Surrogate's Court · 1934
5 more not listed; retrieve them via the Exa API.