Legal Opinion

Dunning v. Dunning

New York Supreme Court

Decided December 14, 1894PublishedCited by 7 opinions

Appeal from special term, Hew York county. Action by Evelena Dunning against Edgar F. Dunning and Lillie E. Henderson, impleaded, for construction of the will of William Dunning, deceased. From a judgment in favor of plaintiff, and from an order granting an extra allowance, defendants appeal. Judgment modified.

1Opinion of the CourtParker, J.

William Dunning died July 6, 1891, leaving, him surviving, his widow, this plaintiff, and three children, all of full age,—Lillie E. Henderson, Edgar F. Dunning, and Hattie C. Chase. By his last will and testament, which has been duly probated, he devised and bequeathed to his wife, in lieu of dower, certain property, including 114 shares of the Consolidated Gras Company’s stock, which is specially referred to in the eighth clause of his will, which is hereinafter quoted in full. Prior to his death he conveyed to his wife real estate referred to in the devise to her, and transferred to her…

2Cases cited2 opinions

  1. Giddings v. . SewardNew York Court of Appeals · 1857
  2. Hogan v. . KavanaughNew York Court of Appeals · 1893

3Cited by7 opinions

  1. In re the Estate of SmallmanNew York Surrogate's Court · 1931
  2. In re the Judicial Settlement of the Account of TailerAppellate Division of the Supreme Court of the State of New York · 1911
  3. In re the Estate of ClarkNew York Surrogate's Court · 1938
  4. Equitable Life Assurance Society v. WildsAppellate Division of the Supreme Court of the State of New York · 1918
  5. In re the Estate of MorssNew York Surrogate's Court · 1937

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