Schmidt v. . Jewett
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 5,1908, which affirmed an interlocutory judgment of Special Term in an action for the construction of the will of George P. Pollen, deceased; also motions to dismiss the appeal herein. The facts, so far as material, are stated in the opinion. The judgment in Colgate v. Smith is res adjudicata'm the case at bar. (Miller v. Tex. & Pac. Ry.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 5,1908, which affirmed an interlocutory judgment of Special Term in an action for the construction of the will of George P. Pollen, deceased; also motions to dismiss the appeal herein. The facts, so far as material, are stated in the opinion. The judgment in Colgate v. Smith is res adjudicata'm the case at bar. (Miller v. Tex. & Pac. Ry. Co., 132 U. S. 662; Lloyd v. Johnes, 9 Ves. Jr. 37; Hopkins v. Hopkins, 1 West, 605; Giffard v. Hort, 1 Sch. & Lef. 386;…
1Opinion of the CourtEdward T. Bartlett, J.
The testator, George Parbury Pollen, died on August 14th, 1877, leaving a will dated" April 15th, 1875, which contained the following provision: “To my daughter, Melinda, I also give the interest or income as it accrues on two hundred thousand ($200,000) dollars during her natural life. The said amount to be set apart in such good dividend paying stocks and bonds as may stand in my name at the time of my decease, and at the then market value of the same. And at her death, I will that the said amount of two hundred thousand dollars go to her legal issue in equal portions after they severally…
2Cases cited6 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
- Soper v. . BrownNew York Court of Appeals · 1892
- Downey v. . SeibNew York Court of Appeals · 1906
- Drake v. . DrakeNew York Court of Appeals · 1892
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3Cited by42 opinions
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1914
- Petry v. PetryAppellate Division of the Supreme Court of the State of New York · 1919
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1921
- In re the Appointment of an Ancillary Successor Trustee under the Will of GoodNew York Court of Appeals · 1952
- Westcott v. MeekerSupreme Court of Iowa · 1909
37 more not listed; retrieve them via the Exa API.