Legal Opinion

Kahn v. Tierney

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

Decided December 30, 1909PublishedCited by 20 opinions

Appeal by the defendants, Michael J. Tierney, as executor, etc.? and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the. county of Kings, on the 17th day of June, 1909, upon the decision of the court rendered after a trial before the court without a jury at the Kings County Trial Term.

1Opinion of the Court

Burr, J.:

The clauses of the last will and testament of Joseph L. Heymann which he attempts to dispose of his estate are as follows:

“ Second. I give and devise my house and land known as Ho. 577 Henry Street, Brooklyn, Hew York, where ! now reside, to Mrs. Pauline Klein, the wife of Bernard Klein, who resides with and has cared for me.
“ Third. All the rest, residue and remainder of my estate of every name and nature, and wheresoever the same may be situated, I give, devise and bequeath to my executor hereinafter named, in trust, nevertheless, to invest and keep the same invested, collect the…

2Cases cited7 opinions

  1. Crooke v. . County of KingsNew York Court of Appeals · 1884
  2. Du Bois v. RayNew York Court of Appeals · 1866
  3. Watkins v. . ReynoldsNew York Court of Appeals · 1890
  4. Bailey v. . BaileyNew York Court of Appeals · 1884
  5. Burke v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1906

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3Cited by20 opinions

  1. In re BassfordAppellate Division of the Supreme Court of the State of New York · 1922
  2. In re the Estate of CouttsNew York Surrogate's Court · 1931
  3. Hopfan v. KnauthCity of New York Municipal Court · 1935
  4. In re the Estate of KlosinskiNew York Surrogate's Court · 2002
  5. In re the Accounting of EganNew York Surrogate's Court · 1954

15 more not listed; retrieve them via the Exa API.

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