Purdy v. . Hayt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 12, 1882, which affirmed a decree of the surrogate of the county of Dutchess, made upon the final accounting of tlxe execxxtors of the will of Ohauncey Delevan, deceased.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 12, 1882, which affirmed a decree of the surrogate of the county of Dutchess, made upon the final accounting of tlxe execxxtors of the will of Ohauncey Delevan, deceased. Delevan died in 1864, leaving a will, by which he gave his real estate, consisting of a farm at Eishkill, to his sistei’s, Jane axxd Catharine, “ during their respective lives,” and after their deaths he directed it to be sold by his executors, the proceeds to be invested and the income to be…
1Opinion of the CourtAndrews, J.
The surrogate erred in declining to entertain jurisdiction to construe the will. The construction of the will was necessary to determine the questions arising on the accounting, and in such a case jurisdiction to construe a will attaches as incident to that proceeding. (Riggs v. Cragg, 89 N. Y. 479; In re Verplanck, 91 id. 439.) It becomes necessary, therefore, in deciding this appeal, to consider the dispositions of the real estate made by the testator, and to determine as to their validity.
It is claimed on the part of the appellants that by the will three successive life estates were…
2Cases cited10 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Coster v. LorillardCourt for the Trial of Impeachments and Correction of Errors · 1835
- Gilman v. . ReddingtonNew York Court of Appeals · 1861
- Riggs v. . CraggNew York Court of Appeals · 1882
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3Cited by91 opinions
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- In Re the Accounting of SilsbyNew York Court of Appeals · 1920
- In Re the Accounting of WilcoxNew York Court of Appeals · 1909
- Overheiser v. . LackeyNew York Court of Appeals · 1913
- Masterson v. . TownshendNew York Court of Appeals · 1890
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