McKeown v. Officer
New York Supreme Court
Appeal from special term, Kings county. Action by Charles McKeown, Marian MeCambridge, Alicia McLaughlin,, and Agnes Betty against John Officer, executor of John McKeown, deceased, the Board of Home Missions, and the Board of Church Extensions of the United Presbyterian Church of North America, to have the bequests contained in decedent’s will to the two corporations declared valid to the extent only of one-half of testator’s estate.
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Appeal from special term, Kings county. Action by Charles McKeown, Marian MeCambridge, Alicia McLaughlin,, and Agnes Betty against John Officer, executor of John McKeown, deceased, the Board of Home Missions, and the Board of Church Extensions of the United Presbyterian Church of North America, to have the bequests contained in decedent’s will to the two corporations declared valid to the extent only of one-half of testator’s estate. From a judgment-for plaintiffs, and from an, order denying a motion to dismiss, defendants appeal.
1Opinion of the CourtDykman, J.
This is an appeal from a judgment of the special term and from the order denying a motion to dismiss the complaint, and the appeal involves questions of law only. The plaintiffs are the next of kin and heirs at law of John McKeown, deceased, and the defendants are the executor of Mc-Keown and the residuary legatees under his will. The action was brought to secure a judgment of the court which shall declare the bequest of the residuary estate of the deceased to the two corporations named in the will valid to the extent of one-half of the estate of the testator, and no more, pursuant to-chapter…
2Cases cited4 opinions
- Terry v. . WigginsNew York Court of Appeals · 1872
- Norris v. . BeyeaNew York Court of Appeals · 1855
- Harris v. SlaghtNew York Supreme Court · 1866
- Terry v. WigginsNew York Supreme Court · 1869
3Cited by5 opinions
- Rich v. TiffanyAppellate Division of the Supreme Court of the State of New York · 1896
- Kent v. FiskAppellate Division of the Supreme Court of the State of New York · 1912
- Leader v. LeaderNew York Supreme Court · 1957
- In re the Judicial Settlement of the Account of RunkNew York Surrogate's Court · 1907
- In re the Judicial Settlement of the Account of Gilbert & GilbertNew York Surrogate's Court · 1890