98 N.Y.S. 706 | N.Y. Sup. Ct. | 1906
The decedent, Henry Steubing, in his lifetime executed a last will and testament, by the terms and conditions of which he specifically devised several pieces of property. By reason of his conveying the title to these properties after the execution of his will, some dubiety has been occasioned as to the rights of his surviving widow; and an expression of the court is sought in this action in the sense of construing the several clauses containing the said devise. The will was executed on the 21st day of July, 1902. The testator died on December 31, 1904, and the will was admitted to probate on the 21st of January, 1905. The clauses or paragraphs which are to be subjects-of our consideration are numbered respectively third, fourth, fifth and sixth, and read as follows: “ I give and devise unto my beloved wife, Katherine Steubing, the premises now commonly known and designated as number five West One Hundred and Thirty-fourth street of Manhattan, City of Hew York, free and clear of all incumbrances. If the said premises number five West One Hundred and Thirty-fourth street should at the time of my decease be incumbered by a mortgage, then -I direct my executors, hereinbefore named, to cause said mortgage to be paid out of my estate so that my said wife shall receive the title to the said premises free from all incumbrances. I further direct my executors, hereinbefore named, to pay to my said wife, Katherine Steubing, the sum of ten thousand dollars ($10,000), these provisions for iny said wife being in lieu of dower. Fourth. All of the furniture, ornaments, silverware, jewelry and other personal effects which shall be contained in the house occupied by me at the time of my death, with the exception of three pieces, viz., a bedstead, wardrobe and dressing case, contained at the date hereof in the second parlor of my present residence, I give and bequeath to my said wife, Katherine Steubing. The aforesaid three pieces of furniture I give and bequeath to my daughter, Wilhelmina Elizabeth Hoffmann, and, in the
Judgment accordingly; submit findings.