Dyer v. Erving
New York Surrogate's Court
Petition by Harriet Erving, one of decedent’s next of kin, for the admission to probate of memoranda claimed to constitute part of decedent’s will. The executors, Henry L. Dyer and Henry A. Oakley, appeared and by their answer prayed that such action might be taken as would protect them in the execution of their trust. Merced D. M. Greene and Emelia J. B. Greene, two of the next of kin, united in asking for the relief prayed for in the petition.
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Petition by Harriet Erving, one of decedent’s next of kin, for the admission to probate of memoranda claimed to constitute part of decedent’s will. The executors, Henry L. Dyer and Henry A. Oakley, appeared and by their answer prayed that such action might be taken as would protect them in the execution of their trust. Merced D. M. Greene and Emelia J. B. Greene, two of the next of kin, united in asking for the relief prayed for in the petition. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
The will of the testator has been, admitted to probate in this court. By its first clause, his entire estate is given to two persons, in trust for the purposes thereinafter named. By its second clause, those trustees are directed to pay to his sister Harriet Erving, during her life, the net interest and income of his estate, excepting “those items named - in a memorandum accompanying and referred to in clause fourth of this will.” By the last named clause, the testator directs that, after the death of his sister, his trustees and executors shall distribute certain legacies, to…
2Cases cited13 opinions
- Brown v. . ClarkNew York Court of Appeals · 1879
- Fish v. HowlandNew York Court of Chancery · 1828
- In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
- Hallett & Davis v. HallettNew York Court of Chancery · 1829
- Newton v. Seaman's Friend SocietyMassachusetts Supreme Judicial Court · 1881
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3Cited by1 opinion
- In re Carver's WillNew York Surrogate's Court · 1893