McLoughlin v. McLoughlin
New York Supreme Court
PPEAL from a judgment entered at a special term. The action was instituted by the plaintiffs as executors of the last will and testament of Peter McLoughlin, for the purpose, among others, of obtaining the judgment of this court as to the proper construction of said will. The will was as follows: “First.
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PPEAL from a judgment entered at a special term. The action was instituted by the plaintiffs as executors of the last will and testament of Peter McLoughlin, for the purpose, among others, of obtaining the judgment of this court as to the proper construction of said will. The will was as follows: “First. I give and bequeath to my sister Alice, widow of Andrew Muldoon, $5000; to my sister Bridget, the wife of Patrick Byrnes of Ohiconet, Susquehana county, state of Pennsylvania, $1000; to my nephew John McLoughlin, son of my brother Patrick, $2500; to my niece Bridget, daughter of said Patrick,…
1Opinion of the Court
By the Court, Sutherland, J.
The judge, at special term, found and decided, as matter of fact, that the personal estate of Peter McLoughlin was not sufficient, after the payment of his debts, to pay in full the legacies given and bequeathed by his will. He also found and decided, as a conclusion of law, that the real estate of the testator was not liable to pay the said legacies, or any deficiency, after the application of the whole personal estate, to the payment thereof.
It does not appear from the complaint, or from the evidence in this case, what the term of the lease of 197 Chatham street,…
2Cited by3 opinions
- Power v. . CassidyNew York Court of Appeals · 1880
- In re the Estate of LilienthalNew York Surrogate's Court · 1930
- Thorp v. MunroNew York Supreme Court · 1888