Legal Opinion

Carley v. Harper

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

Decided March 5, 1915PublishedCited by 5 opinions

Appeal by the defendants, Florence Skillin Cloyd and another, from part of a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Nassau on the 7th day of July, 1914, upon the decision of the court after a trial at the Nassau Special Term.

1Opinion of the Court

Thomas, J.:

Testatrix, a widow since 1896, made her will in 1900 and died in 1911, leaving personal property, exclusive of that specifically bequeathed, amounting to $81,553.63. The admitted debts are $2,660.59, and claims rejected amount to some $2,407.69. The expenses of administration are $10,557.74, including $9,000 transfer tax. The net balance is sufficient to pay slightly more than one-half of the general legacies, which are $132,200. There was real estate, an important part of which was devised specifically to her sister Julia, or her daughters, while the residue of real and personal…

2Cases cited13 opinions

  1. Allen v. . StevensNew York Court of Appeals · 1899
  2. Downing v. . MarshallNew York Court of Appeals · 1867
  3. Briggs v. . CarrollNew York Court of Appeals · 1889
  4. Matter of Application of HoldenNew York Court of Appeals · 1891
  5. Scott v. . StebbinsNew York Court of Appeals · 1883

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3Cited by5 opinions

  1. Fairclaw v. ForrestCourt of Appeals for the D.C. Circuit · 1942
  2. In re the Construction of the Last Will & Testament of MouldNew York Surrogate's Court · 1921
  3. In re the Estate of DavisNew York Surrogate's Court · 1925
  4. Fairclaw v. ForrestCourt of Appeals for the D.C. Circuit · 1942
  5. Lee v. Mark C. Tredennick Co.Appellate Terms of the Supreme Court of New York · 1925

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