Berkeley v. Kennedy
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. ^Action by Lancelot M. Berkeley, as substituted trustee under the will of Patrick H. Kennedy, deceased, against Mary Kennedy, as administratrix of the estate of Michael Kennedy, deceased, and others. . _ From an order vacating an order vacating a judgment, and _ opening the default of Jane Kennedy, defendant, she appeals.
Read the full summary
Appeal from special term, New York county. ^Action by Lancelot M. Berkeley, as substituted trustee under the will of Patrick H. Kennedy, deceased, against Mary Kennedy, as administratrix of the estate of Michael Kennedy, deceased, and others. . _ From an order vacating an order vacating a judgment, and _ opening the default of Jane Kennedy, defendant, she appeals. This action was brought on or about the 29th day of September, 1900, for a judicial settlement of the accounts of this plaintiff as trustee under the-will of Patrick H. Kennedy, deceased, joining as defendants all the persons having…
1Opinion of the CourtHatch, J.
The complications which have arisen in this action are many and varied, and the case made by the appellant for relief presents some strong features, which would doubtless lead this court to intervene if it justly might. It is made very clear that either through the misconduct of her attorney, or in consequence of her ignorance of the situation and of lier rights, she has been deprived in some way of her rightful share of the estate of Patrick H. Kennedy, or of her day in court to establish such right, if any. When this court upon a former appeal (70 N. Y. Supp. 762), in the motion made on…
2Cases cited1 opinion
- Berkeley v. KennedyAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Gedney v. DiorioAppellate Division of the Supreme Court of the State of New York · 1919