Legal Opinion

In re the Petition of Doheny

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

Decided March 15, 1902PublishedCited by 2 opinions

Appeal by Mary L. Pendergast and others from so much of an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Onondaga on the 9th day of November, 1901, as overrules and disallows the objections filed, on their behalf to so much of the account of the trustees as credits themselves with the sums of $359.68 and $85.02. The proceeding was instituted on the 29th day of May, 1901,. by the respondents, trustees, by…

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Appeal by Mary L. Pendergast and others from so much of an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Onondaga on the 9th day of November, 1901, as overrules and disallows the objections filed, on their behalf to so much of the account of the trustees as credits themselves with the sums of $359.68 and $85.02. The proceeding was instituted on the 29th day of May, 1901,. by the respondents, trustees, by service of their petition duly verified on that day, in which they asked for a settlement of their account, for…

1Opinion of the Court

McLennan, J.:

Patrick Lynch, of the city of Syracuse, N. Y., died on the 15th day of September, 1898, leaving a last will and testament, in which the respondents George Doheny and John G. Lynch were named executors, and which, among others, contained the following provision:

“ 2nd. I give, devise and bequeath to my executors hereinafter named, the store and premises known as No. 128 E. Genesee St., in Syracuse, being about twenty feet on said street, and now leased in part to Bartel’s Brewing Co., in trust nevertheless for the following uses and purposes, to wit: to rent or let to the best…

2Cases cited1 opinion

  1. In Re the Judicial Settlement of the Account of BabcockNew York Court of Appeals · 1889

3Cited by2 opinions

  1. In re the Estate of De PoloNew York Surrogate's Court · 1933
  2. Willets v. HainesAppellate Division of the Supreme Court of the State of New York · 1904

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