Morrow v. McMahon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Mary McMahon and others, individually and as executors, etc., of William McMahon, deceased, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 2d day of January, 1902, directing the, appellants to pay the fees of a referee theretofore appointed in the action and to take up and file his report.
1Opinion of the Court
McLaughlin, J.:
This action was brought to settle the accounts of the appellants as executors of the last will and testament of William McMahon, deceased, to obtain a construction of his will, and to establish that James Morrow, the plaintiff’s father, a beneficiary and remainder-man thereunder, was dead, and by reason thereof that his interest in the estate belonged to the plaintiff. The plaintiff’s father was made a party defendant and the summons was served upon him by publication. He did not appear and an interlocutory judgment was thereafter entered declaring him dead, establishing the…
2Cases cited2 opinions
- Little v. . LynchNew York Court of Appeals · 1885
- Attorney-General v. . Continental Life Ins. Co.New York Court of Appeals · 1883
3Cited by8 opinions
- Carter v. Builders' Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909
- In re the Judicial Settlement of the Account of Proceedings of DunnAppellate Division of the Supreme Court of the State of New York · 1914
- Keeler v. BellNew York Supreme Court · 1905
- In re Robinson's WillNew York Surrogate's Court · 1907
- In re the Accounting of VogtNew York Surrogate's Court · 1951
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