Flanagan v. Flanagan
New York Supreme Court
Trial by the court at special term. The action was brought by the plaintiff against the executors of the last will and testament of Simeon Flanagan, deceased ; the former claiming against the executors the possession and absolute right of disposition of the entire remainder of the testator’s estate held by them in money and securities, amounting to $16,450. The heir at law was made a party with a view to conclude her claims which might grow out of the construction to be…
Read the full summary
Trial by the court at special term. The action was brought by the plaintiff against the executors of the last will and testament of Simeon Flanagan, deceased ; the former claiming against the executors the possession and absolute right of disposition of the entire remainder of the testator’s estate held by them in money and securities, amounting to $16,450. The heir at law was made a party with a view to conclude her claims which might grow out of the construction to be given the will. The facts of the case sufficiently appear in the following opinion :
1Opinion of the CourtBockes, J.
The testator left no lineal descendant him surviving; but left the plaintiff, his widow, and the defendant, Margaret Cavanaugh, a sister of half blood, his only heir at law. By his will he gave all his property, real and personal, to his executors therein named, ‘ ‘ in trust for the uses and purposes, and to pay the legacies and devises below mentioned, with full power to convey any and all his real estate, and convert the same into money, and dispose of the same in the following manner.” He then made various bequests of money to different individuals to a considerable amount ($3,950), and…
2Cases cited17 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Terry v. . WigginsNew York Court of Appeals · 1872
- Smith v. . Van OstrandNew York Court of Appeals · 1876
12 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Estate of GarrityCalifornia Supreme Court · 1895
- Kendall v. CaseNew York Supreme Court · 1895
- In re FernbacherNew York Surrogate's Court · 1886
- In re Benedict's WillNew York Supreme Court · 1891
- Russell v. HiltonNew York Supreme Court · 1902
20 more not listed; retrieve them via the Exa API.