Legal Opinion

Whitwell v. Whitwell

Appellate Division of the Supreme Court of the State of New York

Decided July 11, 1911PublishedCited by 5 opinions

Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Oode of Civil Procedure.

1Opinion of the Court

Kruse, J.:

After making certain bequests and devises, the testator, by the 7th and 8 th paragraphs of his will, disposes of all the rest and remainder of his property. .By the 7th paragraph he disposes of the residue of his i;eal estate for life to two nieces therein named, with remainder over to his two nephews, James Tims and William Whitwell, and a niece, Cornelia A. Robison. By the 8th paragraph he disposes of the residue of his personal- property in the same way, but not precisely in the same form. It is there provided that the residue of his personal property- shall be invested and the…

2Cases cited1 opinion

  1. Goebel v. . WolfNew York Court of Appeals · 1889

3Cited by5 opinions

  1. In re TrevorNew York Surrogate's Court · 1922
  2. In re the Judicial Settlement of the Account of Proceedings of First Citizens Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1935
  3. In re the Judicial Settlement of the Account of Proceedings of Van KleeckNew York Surrogate's Court · 1916
  4. In re the Construction of the Last Will & Testament of McQueenNew York Surrogate's Court · 1917
  5. Rexford Flats Bridge Co. v. Canal BoardNew York Supreme Court · 1916

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