Legal Opinion

Rooney v. Bodkin

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

Decided April 15, 1904PublishedCited by 3 opinions

Appeal by the defendants, Martin R. Bodkin, and others,- as executors, etc., of Dominick Gl. Bodkin, deceased, from so much of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 13th day of July, 1903, as assumes and determines that the Supreme Court in Equity had and properly entertained jurisdiction of this action, and authority to render the judgment therein, and directs the payment of costs by the…

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Appeal by the defendants, Martin R. Bodkin, and others,- as executors, etc., of Dominick Gl. Bodkin, deceased, from so much of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 13th day of July, 1903, as assumes and determines that the Supreme Court in Equity had and properly entertained jurisdiction of this action, and authority to render the judgment therein, and directs the payment of costs by the defendants individually, and also from an order bearing date the 15th day of. July, 1903, and entered in said clerk’s…

1Opinion of the Court

Woodward, J. :

Dominick Gf. Bodkin, late of the city of New York and borough of Manhattan, died on or about the 26th day of January, 1902, leaving a last will and- testament, with codicils, in which he disposed of various pieces of real estate, or the income .thereof, and by the 8th paragraph of the said will he gave to the plaintiff the sum of $5,000, and further provided that “ I also give unto my said niece the house and lot No. 288 Clinton Avenue, Brooklyn, subject to the life estate therein of Margaret F. Bodkin; and the houses and lots Nos. 221 and *433223 High Street, in Brooklyn. To…

2Cases cited2 opinions

  1. Town of Mentz v. . CookNew York Court of Appeals · 1888
  2. Buckland v. . GallupNew York Court of Appeals · 1887

3Cited by3 opinions

  1. Dunphy v. CallahanAppellate Division of the Supreme Court of the State of New York · 1908
  2. Marklove v. Utica, Clinton & Binghamton RailroadNew York Supreme Court · 1905
  3. Rose v. Merchants' Trust Co.New York Supreme Court · 1905

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