In re the Determination of the Construction & Effect of a Disposition of Property Contained in the Last Will & Testament of Haddock
Appellate Division of the Supreme Court of the State of New York
Appeal by Michael Haddock, individually and as executor, and by certain of the heirs at law of. Thomas Haddock, deceased, from a decree of the Surrogate’s Court of the county of Sullivan, entered in the office of said Surrogate’s Court on the 12th day of April, 1915, adjudging that John and Thomas Haddock, the beneficiaries under the 2d clause of the will of Bridget Haddock, deceased, became seized of the real property therein described as joint tenants, and not as tenants…
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Appeal by Michael Haddock, individually and as executor, and by certain of the heirs at law of. Thomas Haddock, deceased, from a decree of the Surrogate’s Court of the county of Sullivan, entered in the office of said Surrogate’s Court on the 12th day of April, 1915, adjudging that John and Thomas Haddock, the beneficiaries under the 2d clause of the will of Bridget Haddock, deceased, became seized of the real property therein described as joint tenants, and not as tenants in common.
1Opinion of the Court
Lyon, J.:
The single question presented upon this "appeal is whether John and Thomas Haddock, sons of the testatrix, took title as joint tenants or as tenants in common, under the will of Bridget Haddock, deceased. The will consists of three clauses. The first simply directs the payment of the just debts and funeral expenses of testatrix. The last simply appoints her son Michael executor. There is no disposition of residuary estate, and the only bequests of personal property are of one hundred dollars each to sons and daughters, which in each instance is made a charge upon real estate. The…
2Cases cited1 opinion
- Overheiser v. . LackeyNew York Court of Appeals · 1913
3Cited by6 opinions
- In re KaganNew York Supreme Court · 1966
- In re the Estate of SnellNew York Surrogate's Court · 1939
- In re the Estate of BakerNew York Surrogate's Court · 1933
- In re the Accounting of First National Bank of BinghamtonNew York Surrogate's Court · 1949
- In re the Estate of TraynorNew York Surrogate's Court · 1962
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