In re the Judicial Settlement of the Account of Fitzsimons
Appellate Division of the Supreme Court of the State of New York
Appeal by Mary E. Fitzsimons, as administratrix de bonis non of Ann Cassidy, deceased, from an order of the Surrogate’s Court of New York county, entered in said Surrogate’s Court on the 7th day of July, 1902, denying the motion of said administratrix for an order withdrawing the objections of Michael McNally, individually and as administrator, etc., of John P. McNally, deceased, to the account of Mary E. Fitzsimons, as administratrix of Ann Cassidy, deceased.
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Appeal by Mary E. Fitzsimons, as administratrix de bonis non of Ann Cassidy, deceased, from an order of the Surrogate’s Court of New York county, entered in said Surrogate’s Court on the 7th day of July, 1902, denying the motion of said administratrix for an order withdrawing the objections of Michael McNally, individually and as administrator, etc., of John P. McNally, deceased, to the account of Mary E. Fitzsimons, as administratrix of Ann Cassidy, deceased. Ann Cassidy died in August, 1897, leaving property real and personal. The heirs surviving were Peter A. Cassidy, a brother, Mary E.…
1Opinion of the Court
O’Brieet, J.:
The extent of an attorney’s lien and its bearing upon the legal rights of a client to settle an action or special proceeding without the attorney’s consent, we deem it unnecessary to pass upon, in view ■of the conclusion at which we have arrived with respect to the validity of the agreement upon which the alleged lien is based. The consideration for the fifty per cent interest which the attorney was to obtain in McNally’s share of the estate, both individually and as administrator, was the obligation on the part of the attorney to prosecute the action and “ to pay out of his…
2Cases cited12 opinions
- Wendell v. Van RensselaerNew York Court of Chancery · 1815
- Ford v. . HarringtonNew York Court of Appeals · 1857
- Seymour v. DelancyNew York Supreme Court · 1824
- Howell v. RansomNew York Court of Chancery · 1845
- Evans v. EllisCourt for the Trial of Impeachments and Correction of Errors · 1846
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3Cited by6 opinions
- Bingham v. SheldonAppellate Division of the Supreme Court of the State of New York · 1905
- Eysaman v. NelsonNew York Supreme Court · 1913
- Herman v. Metropolitan St. Ry. Co.U.S. Circuit Court for the District of Southern New York · 1903
- Muller v. KellyCourt of Appeals for the Third Circuit · 1903
- Reilly v. FriasNew York Supreme Court · 1914
1 more not listed; retrieve them via the Exa API.