Forman v. Whitney
New York Court of Appeals
Clarissa Forman sued Edwin H. Whitney and Susan and Elizabeth Ann Coapman, executors of the will of Ambrose Whitney, deceased, to recover the whole interest on the sum of three thousand dollars, under a provision in the will of the testator, and to compel the regular payment to plaintiff of the whole interest thereafter to accrue on that sum.
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Clarissa Forman sued Edwin H. Whitney and Susan and Elizabeth Ann Coapman, executors of the will of Ambrose Whitney, deceased, to recover the whole interest on the sum of three thousand dollars, under a provision in the will of the testator, and to compel the regular payment to plaintiff of the whole interest thereafter to accrue on that sum. The testator’s will contained the following provision for the plaintiff: “ I give and bequeath to my wife, Clarissa Forman, during her natural life, the interest of three thousand dollars, or so much of said interest as my executors may deem necessary,…
1Opinion of the Court
By the Court.
Davis, J.
This appeal is wholly without merit. The only error of the court below was in not awarding costs to the respondent.
The testator, leaving a property valued at more than twenty thousand dollars, made no provision for his widow, except the annual interest of three thousand dollars. This he directed to be paid to her by his executors, or so much thereof as they “ should deem necessary to her comfort.” She was old and unable to support herself. The judge before whom the action was tried found that she needed for her comfort the whole of the annual interest bequeathed to her.…
2Cited by6 opinions
- In re McVicarAppellate Division of the Supreme Court of the State of New York · 1931
- Manning v. SheehanNew York Supreme Court · 1912
- In re the Estate of CrowNew York Surrogate's Court · 1968
- Rezzemini v. BrooksNew York Supreme Court · 1922
- In re the Account of Proceedings of WalshNew York Surrogate's Court · 1925
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