221 A.D. 211 | N.Y. App. Div. | 1927
The action is for an accounting and for the determination of the title to certain personal property, especially a stock of merchandise, five Liberty bonds, totalling $2,200, and five certificates of stock, consisting of sixty-five shares in five different railroads.
Plaintiffs are the heirs at law and next of kin of Asa W. S. Bix and claim under the residuary clause of his will.
Defendant Violet Putnam is the only heir at law of Julia Bix, his widow, and claims under her will and by gift.
Asa W. S. Bix died on November 26, 1919, leaving his wife and the plaintiffs, his heirs at law and next of kin, and leaving a will, dated February 11, 1919, probated January 10, 1920, in and by which, after certain legacies, amounting to $5,540, including one of $100 to defendant Violet Putnam, he disposed of the residue of his estate as follows: “ All the rest, residue and remainder of my property and estate, both real and personal and every name and nature, I give, devise and bequeath unto my beloved wife, Julia Bix, to be her absolute property, provided, however, that upon the
By her will, after making several bequests, she gave the residue of her real and personal property to Violet Putnam, daughter of her nephew, Fred C. Putnam, deceased, “ to have and to hold
The judgment should be affirmed, with costs.
Van Kirk, Acting P. J., Hinman and McCann, JJ., concur; Davis, J., concurs in the result.
Interlocutory judgment affirmed, with costs.