Legal Opinion

Sullivan v. McCann

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

Decided February 7, 1908PublishedCited by 10 opinions

Appeal by James F. Sullivan from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of June, 1907, overruling exceptions to the report of a referee and confirming the same; directing a recovery from William H. Sullivan, a plaintiff in the action, in the sum of $698.97, and a recovery from James F. 'Sullivan, also a plaintiff in the action, for a like sum, and a. recovery against…

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Appeal by James F. Sullivan from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of June, 1907, overruling exceptions to the report of a referee and confirming the same; directing a recovery from William H. Sullivan, a plaintiff in the action, in the sum of $698.97, and a recovery from James F. 'Sullivan, also a plaintiff in the action, for a like sum, and a. recovery against the two plaintiffs for the costs and disbursements of .the proceeding, and further directing that the order be docketed…

1Opinion of the Court

Ingkraham, J.:

One John Sullivan, a resident of the county of New York, died on the 23d day of February, 1886, leaving a last will and testament which was duly admitted to probate, by which the testator left all his estate, real and personal, to trustees with certain directions as to the accumulation of income, and upon the termination of the trust directing the trustees to divide the property between the children of the testator’s son James and his illegitimate son, 16 to be divided between them per capita, share and share alike.” This trust was to continue during the natural life of the…

2Cases cited4 opinions

  1. Cartier v. WilliamAppellate Division of the Supreme Court of the State of New York · 1907
  2. Kirk v. McCannAppellate Division of the Supreme Court of the State of New York · 1907
  3. Sullivan v. McCannAppellate Division of the Supreme Court of the State of New York · 1906
  4. Sullivan v. McCannAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by10 opinions

  1. Central Trust Co. v. FalckAppellate Division of the Supreme Court of the State of New York · 1917
  2. In re the Estate of DavisNew York Surrogate's Court · 1957
  3. H. C. Roberts Electric Supply Co. v. WilsonNew York Supreme Court · 1927
  4. In re GinsburgNew York Supreme Court · 1944
  5. In re GoldinAppellate Division of the Supreme Court of the State of New York · 1926

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