Frick v. . Schenck

Decided January 8, 1907

New York Court of Appeals · decided 1907-01-08

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 23, 1905, which modified and affirmed as modified an interlocutory judgment of an Equity Term construing the will of John Frick, deceased. The following questions were certified: “ 1. Do the surrogate’s decrees of 1886, 1896 and 1898, or any of them, constitute a bar to the plaintiffs’ cause of action ? “ 2.

Decided 1907-01-08

¶1 Interlocutory judgment affirmed, with costs. First and second questions certified answered in the negative. Third question answered in the affirmative. Fifth question answered as follows: The widow took a life estate, with power of sale, and was entitled to use the principal thereof for her maintenance, the remainder at her death being given equally to testator’s three brothers. The fourth question, not having been passed,upon by the Appellate Division, is not answered; no opinion.

¶2 Concur: Cullen, Ch. J., Gray, O’Brien, Edward T. Bartlett, Werner and Chase, JJ. Hot sitting : Hiscock, J.