28 N.Y.S. 400 | N.Y. Sup. Ct. | 1894
February 17, 1888, Julia M. Luther, a citizen of this state, died seised of No. 322 Delancey street and No. 56 G-oerck street, the income of which she devised to her sisters Amelia M. Barnard and Amanda M. Ball, and to the survivor of them, for life. Her will was probated in Kings county, in this state, March 20, 1888, and letters testamentary issued thereon to Amanda M. Ball, who acted as executrix until her death, and thereafter, and on the 16th of November, 1888, letters testamentary were issued to Joseph G. Luther. The testatrix left her surviving said two sisters and nine nephews and nieces, the children of a deceased brother, her only heirs and next of kin. The fee of this realty descended, subject to the life estate devised, one-third to each of her said sisters and one-third to the children of her deceased brother, each nephew and niece becoming entitled to one twenty-seventh part. In August, 1888, said Amanda M. Ball, a resident of Massachusetts, died in that state, leaving a last will, by which she devised her interest in the property to Henry J. Barnes, the plaintiff. On the 4th of September, 1888, her will was admitted to probate in the state of Massachusetts, and letters testamentary issued thereon to Henry W. Hart and Samuel M. Brown. On the 26th of April, 1892, Abbie Maria Ball, one of the nieces, a citizen of Massachusetts, died, leaving a will, by which she devised her interest in the property to Henry H. Earl, as trustee, with directions to apply the income therefrom to the support of her son, Harry Wheaton Ball, during life,