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Matter of Lowe

Court of Appeals of the State of New York
Oct 8, 1912
99 N.E. 722 (N.Y. 1912)

Summary

In Matter of Lowe (206 N.Y. 671), where the language construed was: "I give, devise and bequeath to my daughter, Helen Springer, my printing office and bindery, together with all the presses, bindery machinery, type, paper on hand, office furniture and equipment of every nature connected with said business", the court found that the testatrix made a gift of her entire business.

Summary of this case from Matter of Lutz

Opinion

Argued October 1, 1912

Decided October 8, 1912

Simon Fleischmann and George S. Potter for appellants.

Moses Shire and Vernon Cole for respondent.


We concur in the opinion of SPRING, J., below, holding that the second provision of the will of Sarah J. Clement, deceased, in which she gave, devised and bequeathed to her daughter, Helen Springer, her printing office and bindery, together with all presses, bindery machinery, type, paper on hand, office furniture and equipment of every nature connected with said business, was intended to include the printing business carried on by the decedent in her lifetime, and that it comprises the bills receivable and money deposited in bank to the credit of the business. But we think that, in giving to her daughter the business she intended that she should assume and pay the accounts payable amounting to the sum of $7,450.63.

The order of the Appellate Division, therefore, should be modified so as to charge the daughter with the amount of such bills, and the decree as so modified should be affirmed, without costs in this court to either party.

CULLEN, Ch. J., HAIGHT, VANN, WILLARD BARTLETT, HISCOCK and COLLIN, JJ., concur; CHASE, J., dissents on opinion of McLENNAN, P.J., below.

Ordered accordingly.


Summaries of

Matter of Lowe

Court of Appeals of the State of New York
Oct 8, 1912
99 N.E. 722 (N.Y. 1912)

In Matter of Lowe (206 N.Y. 671), where the language construed was: "I give, devise and bequeath to my daughter, Helen Springer, my printing office and bindery, together with all the presses, bindery machinery, type, paper on hand, office furniture and equipment of every nature connected with said business", the court found that the testatrix made a gift of her entire business.

Summary of this case from Matter of Lutz

In Matter of Lowe (206 N.Y. 671), where the language construed was: "I give, devise and bequeath to my daughter, Helen Springer, my printing office and bindery, together with all the presses, bindery machinery, type, paper on hand, office furniture and equipment of every nature connected with said business", the court found that the testatrix made a gift of her entire business.

Summary of this case from Matter of Lutz

In Matter of Lowe (206 N.Y. 671) the decedent gave, devised and bequeathed her printing office and bindery, together with all presses, bindery machinery, type, paper on hand, office furniture and equipment of every nature connected with said business.

Summary of this case from Matter of Frey
Case details for

Matter of Lowe

Case Details

Full title:In the Matter of the Accounting of NATHAN J. LOWE et al., as Executors of…

Court:Court of Appeals of the State of New York

Date published: Oct 8, 1912

Citations

99 N.E. 722 (N.Y. 1912)
99 N.E. 722

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