Smith v. Johnson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Dorothy Elizabeth Smith, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 3d day of May, 1921, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Smith, J.:
The action was brought to have the expenses “incurred by the plaintiff in maintaining the rights of the executor and trustee under the will of Frances May Fowles to legacies to that estate and trust fund under the will of Charles Frederick Fowles, charged upon the funds recovered for the estate, which amounts to about $300,000, the recovery of all of which was, she maintains, due to her. efforts.
Charles Fowles and Frances Fowles were husband and wife. She had a little property of the value only of about $2,500. His estate amounted to upwards of $1,000,000. They both left wills. The…
2Cases cited6 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- In Re the Will of FowlesNew York Court of Appeals · 1918
- Schoenherr v. . Van MeterNew York Court of Appeals · 1915
- Strong v. DutcherAppellate Division of the Supreme Court of the State of New York · 1919
- In re Construe the Last Will & Testament of FowlesNew York Surrogate's Court · 1916
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3Cited by6 opinions
- In re the Estate of BellingerAppellate Division of the Supreme Court of the State of New York · 1977
- In re RooseveltNew York Supreme Court · 1928
- In re the Estate of BoulwareNew York Surrogate's Court · 1932
- In re the Estate of AllanNew York Surrogate's Court · 1957
- Wayne v. BurkeDistrict of Columbia Court of Appeals · 1949
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