Robins v. . McClure
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme • Court, in the first judicial department, rendered October 16, 1884, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. (Reported, below, 33 Hun, 368.) ' This action was. brought to obtain a judicial construction of the will of Caroline McClure.
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Appeal from judgment of the General Term of the Supreme • Court, in the first judicial department, rendered October 16, 1884, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. (Reported, below, 33 Hun, 368.) ' This action was. brought to obtain a judicial construction of the will of Caroline McClure. Said Caroline McClure died in the month of November, 1882, leaving a will, which was thereafter proved as a will of real and personal estate, and letters testamentary thereon were issued to defendant John McClure, her husband, one of…
1Opinion of the CourtMiller, J.
The question to be determined in this case is whether John S. McClure, the defendant and executor under the last will and testament of his wife, Caroline McClure, is entitled to that portion of the estate of the testatrix which by her will was bequeathed to her brother, Wright Eobins, and which lapsed by reason of Ms death prior to the death of the testatrix.
The testatrix, by her will, devised and bequeathed to her husband certain real estate and personal property, and also one-half of the residue of her estate, both real and personal, absolutely. The remainder, she gave to her brother,…
2Cases cited8 opinions
- Olmsted v. . KeyesNew York Court of Appeals · 1881
- Sedgwick v. . StantonNew York Court of Appeals · 1856
- Barnes v. . UnderwoodNew York Court of Appeals · 1872
- Ransom v. . NicholsNew York Court of Appeals · 1860
- Ryder v. . HulseNew York Court of Appeals · 1862
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- In Re the Accounting of RussellNew York Court of Appeals · 1901
- In re the Estate of BabcockNew York Surrogate's Court · 1914
- In Re the Judicial Settlement of Accounts of BoltonNew York Court of Appeals · 1899
- Matter of MurphyNew York Court of Appeals · 1895
- Miller v. MaujerAppellate Division of the Supreme Court of the State of New York · 1903
32 more not listed; retrieve them via the Exa API.