Schlereth v. . Schlereth
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court iu the first judicial department, entered June 27, 1902, which affirmed a judgment of Special Term construing the will of Peter Fuchs, deceased. The facts, so far as material, are stated in the opinion. The testator’s intentions for the disposition of his estate appear by the will and should be carried out if possible.
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Appeal from a judgment of the Appellate Division of the Supreme Court iu the first judicial department, entered June 27, 1902, which affirmed a judgment of Special Term construing the will of Peter Fuchs, deceased. The facts, so far as material, are stated in the opinion. The testator’s intentions for the disposition of his estate appear by the will and should be carried out if possible. (Matter of Steinway, 163 N. Y. 183; Matter of Tilden, 130 N. Y. 29; Matter of Mead, 135 N. Y. 255; Matter of Bowdich, 138 N. Y. 222.) The 8th clause of the will is valid, as it is not dependent upon an…
1Opinion of the CourtMartin, J.
This action was to procure a construction of certain portions of the will of Peter Fuchs, deceased. He died -December 29, 1898, leaving no widow, but leaving a daughter, the plaintiff in this action, who is his only next of kin and heir at law.
The testator’s estate consisted of both real and personal property. After bequeathing certain specific personal property to the plaintiff, the rest and residue of the personal, and all his real, property was given by his will to his executors and trustees, in trust, to sell and dispose of the residuary estate, real and personal, retaining as investments…
2Cases cited19 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Baer v. HendricksNew York Court of Appeals · 1895
- In Re the Accounting of CraneNew York Court of Appeals · 1900
- Rudd v. . CornellNew York Court of Appeals · 1902
- Smith v. . EdwardsNew York Court of Appeals · 1882
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3Cited by12 opinions
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- In Re the Accounting of WilcoxNew York Court of Appeals · 1909
- Salter v. . DrowneNew York Court of Appeals · 1912
- Dickerson v. SheehyAppellate Division of the Supreme Court of the State of New York · 1913
- Davis v. MacMahonAppellate Division of the Supreme Court of the State of New York · 1914
7 more not listed; retrieve them via the Exa API.