Meeks v. . Meeks
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 7, 1898, affirming a judgment entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 7, 1898, affirming a judgment entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The appellant contends that the principal sum necessary to produce the income of $8,000 per annum, which income was bequeathed to the testator’s widow during her natural life, in the 4th clause of his will, was not disposed of by the will upon the death of the widow, she not having remarried, but…
1Opinion of the CourtO’Bkiek, J.
The purpose of this action was to procure a judicial construction of the will.of Joseph W. Meeks, who died in the month of March, 1878. The controversy turns upon the meaning or construction to be imputed to a single phrase or expression which the testator made use of in the fifth clause of his will.
By the fourth or preceding clause the testator bequeathed to his wife, as long as she should remain his widow, the sum of eight thousand dollars per annum during her natural life, the same to be free of all charges, drawbacks, percentage or taxes, and to be paid in quarter-yearly installments,…
2Cases cited2 opinions
- Phillips v. . DaviesNew York Court of Appeals · 1883
- Du Bois v. RayNew York Court of Appeals · 1866
3Cited by21 opinions
- In Re the Estate of HayesNew York Court of Appeals · 1934
- In Re the Estate of WalterNew York Court of Appeals · 1936
- Matter of Ossman v. . Von RoemerNew York Court of Appeals · 1917
- In re the Estate of DammannNew York Court of Appeals · 1963
- Boal v. Metropolitan Museum of Art of New YorkCourt of Appeals for the Second Circuit · 1927
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