O'Gara v. . Eisenlohr
New York Court of Appeals
This is an appeal from an order or judgment of the Supreme Court, made at General Term in the First District, affirming an order of the Surrogate of the city and county of New Yorb, by whi ch he refused to revoke letters of administration which had been granted ex parte to the Respondent, Mary E. Eisenlohr, upon the estate of Patrick Donnery. Mary O’Gara, the Appellant, is the niece of Patrick Donnery. Mary E. Eisenlohr, the Respondent, claims to have been his wife.
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This is an appeal from an order or judgment of the Supreme Court, made at General Term in the First District, affirming an order of the Surrogate of the city and county of New Yorb, by whi ch he refused to revoke letters of administration which had been granted ex parte to the Respondent, Mary E. Eisenlohr, upon the estate of Patrick Donnery. Mary O’Gara, the Appellant, is the niece of Patrick Donnery. Mary E. Eisenlohr, the Respondent, claims to have been his wife. The question presented on this appeal is whether she was lawfully married to him. Patrick Donnery died in January, 1856. He left…
1Opinion of the CourtMason, J.
I have stated that Patrick Donnery ivas married to Eose McKone in the statement of facts. This ivas abundantly prov.ed by the evidence. They lived and cohabited together as man and wife from the year 1833 to 1840, and at this time they were living in a house which he built. He had at that time become much involved in debt, and left his wife, saying that he was going to Brooklyn to earn money to pay up his liabilities. Eose continued to live in this house of his until it was sold out by the Sheriff, and she continued to live in the place up to 1852, when she left, saying she was going to Heiv…
2Cases cited7 opinions
- Fenton v. ReedNew York Supreme Court · 1809
- Rose v. ClarkNew York Court of Chancery · 1841
- Jackson ex dem. Van Buskirk v. ClawNew York Supreme Court · 1820
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- Clayton v. WardellNew York Supreme Court · 1849
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3Cited by59 opinions
- Hutchins v. KimmellMichigan Supreme Court · 1875
- Travers v. ReinhardtSupreme Court of the United States · 1907
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- Brinkley v. . BrinkleyNew York Court of Appeals · 1872
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