Flanagan v. Staples
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Julius T. Staples and another, from so much of an interlocutory judgment or decree of the Supreme Court, entered in the office of the clerk of the county of New York on the 23d day of June,. 1897, upon the decision of the court rendered after a trial at .the New York Special Term, as adjudges and declares that Joseph Staples, Jr.-, did not take an, absolute vested one-fourtli interest- in the estate of his father, Joseph Staples,: deceased-, which…
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Appeal by the defendants, Julius T. Staples and another, from so much of an interlocutory judgment or decree of the Supreme Court, entered in the office of the clerk of the county of New York on the 23d day of June,. 1897, upon the decision of the court rendered after a trial at .the New York Special Term, as adjudges and declares that Joseph Staples, Jr.-, did not take an, absolute vested one-fourtli interest- in the estate of his father, Joseph Staples,: deceased-, which he could dispose of, by his will, to his brother and sister, the defendants Julius- T. Staples and Josephine A. Esler,…
1Opinion of the Court
McLaughlin, J.:
Joseph. Staples died in 1888, leaving him surviving his widow .Deborah and four children, two sons, Joseph and Julius T.,. and two daughters, Josephine A. Esler and Emma M. Flanagan. He left a will and a' codicil thereto which, shortly after his death, were admitted to probate, and letters testamentary thereon issued. to the plaintiff, one of the executors therein named. The, subject-matter of this controversy relates to the construction to be given to a portion of the 4th clause, and which was not changed or -modified by the codicil. So much of this clause of the will as is…
2Cases cited1 opinion
- Camp v. CronkrightNew York Supreme Court · 1891
3Cited by19 opinions
- In re the Accounting of KroossNew York Court of Appeals · 1951
- In re the Estate of NelsonCourt of Chancery of Delaware · 1909
- Schwartz v. RehfussAppellate Division of the Supreme Court of the State of New York · 1908
- In re TrevorNew York Surrogate's Court · 1922
- Hammond v. MartinSupreme Court of Kansas · 1917
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