In re the Probate of the Last Will & Testament of Cooney
Appellate Division of the Supreme Court of the State of New York
Appeal by James Lambert, sole heir at law of Johanna Cooney,, deceased, from so much of a decree of the Surrogate’s Court of the county of Monroe, entered in said Surrogate^ Court on the 21st day of December, 1905, as determines that the 5th clause of the will of said Johanna Cooney is valid, and overrules and dismisses upon the merits the objections to the probate of said will.
1Opinion of the Court
Spring, J.:
Johanna Cooney, a resident of the city of Rochester, executed her last will and testament in proper form on the 26th of July, 1905, and died five days later, leaving her surviving no husband or lineal descendant but the appellant, her brother, and a nephew as *660her only next of kin. The will, after three general legacies aggregating $300, proceeds as follows: “ Fifth. I give, bequeath and devise the rest, residue and remainder of my property to Rt. Rev. Thomas F. Hickey and Bernard O’Rilly,* of Rochester, N. Y., in trust, however, for the use and benefit of St. Bernard’s Seminary of…
2Cases cited5 opinions
- Allen v. . StevensNew York Court of Appeals · 1899
- Genet v. . HuntNew York Court of Appeals · 1889
- Stephenson v. . ShortNew York Court of Appeals · 1883
- In Re the Probate of the Last Will & Testament of LampsonNew York Court of Appeals · 1900
- Bindrim v. UllrichAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by7 opinions
- Matter of Reed v. BrowneNew York Court of Appeals · 1946
- Ely v. ElyAppellate Division of the Supreme Court of the State of New York · 1914
- In re the Estate of HolzwasserNew York Surrogate's Court · 1941
- In re the Construction of the Will of KuehnleNew York Surrogate's Court · 1956
- Bank of New York & Trust Co. v. HamersleyNew York Supreme Court · 1923
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