Rice v. Tyler
New York Supreme Court
Appeal from surrogate’s court, Oswego county. Final accounting by De Witt Gardner, as executor of the last will and testament of Mary D. Tyler, deceased. From the decree of the surrogate, Fanny Eice and another appeal.
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Appeal from surrogate’s court, Oswego county. Final accounting by De Witt Gardner, as executor of the last will and testament of Mary D. Tyler, deceased. From the decree of the surrogate, Fanny Eice and another appeal. Hon. Ransom H. Tyler, ex-county judge of Oswego county, died at Fulton on the 2d day of November, 1881, leaving a last will and testament bearing date the 19th day of February, 1880, which was admitted to probate on the 1st of December, 1881, and letters testamentary were issued to De Witt Gardner and Mary D. Tyler, (his widow,) who are named in said will as executors. He left,…
1Opinion of the CourtHardin, P. J.
Apparently the intention of the testator was to confide to his wife the power “to have and to hold” Ms “property and estate, both real and personal,” and to give her the power to-use the income thereof, as well as the body of-the estate; and foreseeing that she might not use up or consume the whole of the property, he provided for two contingencies—First, that in -the event she did not make a .disposition of any of the property that remained at the time of her death, the same should pass to his son, Frederick; and, secondly, he apparently clothed her with power to dispose of what remained of…
2Cases cited9 opinions
- Terry v. . WigginsNew York Court of Appeals · 1872
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- Norris v. . BeyeaNew York Court of Appeals · 1855
- Crozier v. . BrayNew York Court of Appeals · 1890
- Rose v. . HatchNew York Court of Appeals · 1891
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3Cited by1 opinion
- Baumgras v. BaumgrasNew York Supreme Court · 1893