Legal Opinion

In re Finck

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

Decided May 21, 1915PublishedCited by 6 opinions

Appeal by Katie H. Finck, individually and as executrix, etc., from a decree of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 24th day of November, 1914.

1Opinion of the Court

Scott, J.:

Peter Houser died on March 6, 1905, leaving real and personal property. He left a widow and five children. His widow still survives. Of his children two have died, to wit, Henry Houser who died in 1908, unmarried and intestate, and Elizabeth Marks who died June 9, 1914, without issue, leaving her surviving her husband, Aaron Marks, and a sister and two brothers. She also left a will giving to her husband, Aaron Marks, all of her property and estate.

This proceeding is brought by the executrix of Peter Houser, deceased, to obtain a construction of the dispository clause of his will,…

2Cases cited2 opinions

  1. In Re the Accounting of CraneNew York Court of Appeals · 1900
  2. Tillman v. . DavisNew York Court of Appeals · 1884

3Cited by6 opinions

  1. Atchison v. FrancisSupreme Court of Iowa · 1917
  2. In re the Estate of MeahlAppellate Division of the Supreme Court of the State of New York · 1934
  3. In re the Accounting of Marine Midland Trust Co.Appellate Division of the Supreme Court of the State of New York · 1969
  4. In re the Judicial Settlement of the Estate of BaileyNew York Surrogate's Court · 1925
  5. In re the Estate of WintringhamNew York Surrogate's Court · 1936

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