De Graaf v. Cochrane
Appellate Division of the Supreme Court of the State of New York
Appeal by the infant defendants, Florence L. De Graaf and others, by their guardian ad litem, from, a judgment of the Supreme Court in favor of the plaintiffs and of the defendant Amanda M. Dé Graaf, entered in the office of the- clerk of the county of New York on the 25th day of May, 1897, upon thé report of a referee. Henry P. De Graaf died seized of a large amount of real estate, leaving a last will and-testament.
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Appeal by the infant defendants, Florence L. De Graaf and others, by their guardian ad litem, from, a judgment of the Supreme Court in favor of the plaintiffs and of the defendant Amanda M. Dé Graaf, entered in the office of the- clerk of the county of New York on the 25th day of May, 1897, upon thé report of a referee. Henry P. De Graaf died seized of a large amount of real estate, leaving a last will and-testament. By' the 2d clause of his will he devised to his wife Amanda a parcel of land on the southwest corner of Fifth avenue and One Hundred and Twenty-fifth street, and directed that “…
1Opinion of the Court
O’Brien, J.:
The single question presented is, as to whether the conveyance of the property in question, during the lifetime of the testator, and after the making of the will, relieves his estate from the payment of the $50,000 mortgage on the property specifically devised by his will to his wife. It is beyond question that what the testator intended to give her in lieu of dower, in addition to the personal property, was this real property, free and clear of all liens. To make the assurance doubly sure that she would have it after his death, he conveyed it to her during life. By such…
2Cited by4 opinions
- In re Estate of BrundageNew York Surrogate's Court · 1917
- In re the Estate of BakerNew York Surrogate's Court · 1940
- Clark v. GoodridgeNew York Supreme Court · 1906
- In re the Estate of De GraafNew York Surrogate's Court · 1898