Smith v. Dugan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Gilbert F. Smith and others, frpm a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the ■ 10th day of March, 1911, upon the decision of the court, rendered after trial at the New York Special Term.
1Opinion of the Court
.McLaxjghliN, J. :.
This action, while originally brought to. enjoin the defendant Farmers’ Loanand .Trust- Company from selling certain real *879estate in the city of New York, was, when the same came on for trial, by stipulation, tried as one brought for the construction of the wills of Hugh and Andrew J. Smith.
Hugh Smith died in 18 ¿7, leaving a will which was probated the same year. He devised to each of his children one or more specific pieces of real estate, and to some of them he gave money legacies The will provided in part as follows:
“I give, devise arid bequeath to my son Andrew Smith my…
2Cases cited7 opinions
- In Re the Accounting of RussellNew York Court of Appeals · 1901
- In Re the Probate of the Last Will & Testament of MinerNew York Court of Appeals · 1895
- Bradhurst v. . FieldNew York Court of Appeals · 1892
- Floyd v. . CarowNew York Court of Appeals · 1882
- Fowler v. . IngersollNew York Court of Appeals · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Moore v. McKinleySupreme Court of Iowa · 1955
- In re the Construction of the Will of HuntAppellate Division of the Supreme Court of the State of New York · 1923
- In re the Judicial Settlement of the Account of GriffinNew York Surrogate's Court · 1912
- Brown v. HillearyOregon Supreme Court · 1934
- In re the Construction of Will of HuntNew York Surrogate's Court · 1921
1 more not listed; retrieve them via the Exa API.