Lyon v. . Lyon
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment, in favor of plaintiff entered upon a verdict. This action was brought to recover damages alleged to have been sustained by plaintiff in consequence of being deprived of a home, to which she claimed herself entitled under her father’s will.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment, in favor of plaintiff entered upon a verdict. This action was brought to recover damages alleged to have been sustained by plaintiff in consequence of being deprived of a home, to which she claimed herself entitled under her father’s will. The father of the parties died, leaving a will, in which he gave all his real estate to his three sons, and ordered, that as long as his two youngest daughters, of whom plaintiff was. one, remained single, that his house should “ be their…
1Opinion of the Court
Earl, C.
The sole question, for our consideration is the proper construction of the following clause in the will of the father of the parties to this action: “ I furthermore order, as long as my two youngest daughters remain single, my house shall be their home, free of expense as to paying any rent or privilege in said house.” The defendant claims that plaintiff simply had the right to live in the house, but that she did not have the right to any support or maintenance therein. This claim is not well founded.
The plaintiff had always lived in her father’s house and been supported by him. When…
2Cited by7 opinions
- In re the Estate of GablerNew York Surrogate's Court · 1931
- Soper v. HalseyNew York Supreme Court · 1895
- Hill v. CarrSupreme Court of New Hampshire · 1917
- Tibbetts v. TibbettsSupreme Judicial Court of Maine · 1915
- In re the Estate of BurrNew York Surrogate's Court · 1913
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