Matter of Murphy
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made December 14, 1894, which affirmed a decree of the Surrogate’s Court for the county of ¡New York, directing the payment to the petitioner, as executor of Elsie S. Murphy, deceased, of a legacy given by the last will and testament of Edmund A. Smith, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made December 14, 1894, which affirmed a decree of the Surrogate’s Court for the county of ¡New York, directing the payment to the petitioner, as executor of Elsie S. Murphy, deceased, of a legacy given by the last will and testament of Edmund A. Smith, deceased. The facts, so far as material, are stated in the opinion. In view of the rights of the after-born child, the executor of the estate of Elsie S. Murphy, one of the deceased children of the said Edmund A. Smith, deceased, and the petitioner on…
1Opinion of the CourtHaight, J.
The order appealed from directs the trustee to pay to the petitioner the legacy belonging to his testatrix, under the will of Edmund A. -Smith, deceased, or that she pay over to him the sum of $100,000, on account of the principal of such legacy, or deliver to him securities equivalent to that sum.
Edmund A. Smith died on the 24th day of February, 1876, leaving a last will and testament which has been duly admitted to probate by the Surrogate’s Court of the county of Hew York, in which, among other things, by the fifth clause thereof it is provided: “ I give and bequeath in trust to my…
2Cases cited3 opinions
- Robins v. . McClureNew York Court of Appeals · 1885
- Smith v. . RobertsonNew York Court of Appeals · 1882
- Luce v. BurchardNew York Supreme Court · 1894
3Cited by11 opinions
- In re the Estate of CurleyNew York Surrogate's Court · 1936
- Kansas City Southern Railway Co. v. HenrieSupreme Court of Arkansas · 1908
- Carr v. SmithAppellate Division of the Supreme Court of the State of New York · 1898
- Obecny v. GoetzAppellate Division of the Supreme Court of the State of New York · 1907
- Gibran v. ALFRED A. KNOPF, INCORPORATEDDistrict Court, S.D. New York · 1957
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