Legal Opinion · Dissent

Allen v. Stevens

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

Decided July 1, 1898Published

■ Appeal by the heirs and next of kin- of Nathan F. Graves, deceased, by the administrator of Catherine IT. Graves, the widow of Nathan F. Graves, deceased, and by all her heirs and next of kin, from the whole of the judgment, by the executors and trustees, of-Nathan F. Graves, deceased, from that part of the judgment awarding additional allowances to attorneys other than to their own, and by the Attorney-General from that part of the judgment awarding additional allowances…

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■ Appeal by the heirs and next of kin- of Nathan F. Graves, deceased, by the administrator of Catherine IT. Graves, the widow of Nathan F. Graves, deceased, and by all her heirs and next of kin, from the whole of the judgment, by the executors and trustees, of-Nathan F. Graves, deceased, from that part of the judgment awarding additional allowances to attorneys other than to their own, and by the Attorney-General from that part of the judgment awarding additional allowances to attorneys other than his own. The judgment was entered, on a decision of a Special Term separately stating the facts…

1Dissent

Ward, J. (dissenting):

The action was brought by the plaintiff for the construction of the will of Nathan F. Graves, deceased, and judgment was rendered by the Special Term of Onondaga county construing said will and adjudging that the trust provisions contained therein were valid. The plaintiffs are the heirs at law and next of kin of the said Nathan F. Graves. The deceased left a widow, Catherine S. Graves, who, before the commencement of the action, was adjudged of unsound mind, and a committee was appointed over her property and person. She and her committee were made parties defendant.…

2Cases cited21 opinions

  1. Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
  2. Tilden v. . GreenNew York Court of Appeals · 1891
  3. Russell v. AllenSupreme Court of the United States · 1883
  4. Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
  5. Williams v. . WilliamsNew York Court of Appeals · 1853

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