Griggs v. Griggs

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903

Appellate Division of the Supreme Court of the State of New York · decided 1903-07-01

Appeal by the plaintiff, Catharine A. Griggs, from so much of a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 19th day of July, 1902, upon the decision of the court rendered after a trial at the Orange Trial Term directing a nonsuit, as adjudges that defendant is in the possession of certain real property, and as grants costs to the defendant, and also from an order dated the 10th day of June, 1902,…

Relies on Newcomb v. . Webster

Decided 1903-07-01

Hirschberg, J. (concurring):

¶1I concur. Newcomb v. Webster (113 N. Y. 191) would be controlling to the contrary, but for the fact that the will in this case contained no residuary clause. Both documents here can be read together, the codicil modifying the will by precise directions in so far as modification was deemed desirable, and adding a residuary clause as a new provision in order to avoid intestacy, and without intending that the residue should be what was left after carrying out the provisions of the codicil alone, but after carrying out the provisions of the will and codicil together.

¶2Bartlett, Jenks and Hooker, J J., concurred.

¶3Judgment and order affirmed, with costs.