Armstrong v. Galusha
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Jesse J. Armstrong and another, as executors, etc., of P. Charles Cole, deceased, and by the defendants, Martin J. Galusha and others, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Monroe on the 7th day of December, 1898, upon the decision of the court rendered after a trial at the Monroe Special Term, which judgment determined in effect that only the nephews and nieces of the testator were entitled to…
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Appeal by the plaintiffs, Jesse J. Armstrong and another, as executors, etc., of P. Charles Cole, deceased, and by the defendants, Martin J. Galusha and others, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Monroe on the 7th day of December, 1898, upon the decision of the court rendered after a trial at the Monroe Special Term, which judgment determined in effect that only the nephews and nieces of the testator were entitled to share in the residuum of his estate, and excluded his grand nephews and grand nieces. The action was commenced on the 23d…
1Opinion of the Court
McLennan, J.:
On the 28th day of February, 1895, P. Charles Cole died in the city of New York, where he resided, leaving a last will and testament bearing date the 14th day of November, 1890, which was duly admitted to probate by the Surrogate’s Court of New York county on the 1st day of May, 1895. Letters testamentary were on that day issued to the plaintiffs, Jesse J. Armstrong and Eugene Van Voorhis, who were named as executors in said will, and who duly qualified, entered upon the discharge of their duties and are now acting as such executors. At the time of his death the testator was…
2Cases cited8 opinions
- Woodward v. . JamesNew York Court of Appeals · 1889
- Greene v. . GreeneNew York Court of Appeals · 1891
- Tillman v. . DavisNew York Court of Appeals · 1884
- Lefevre v. . LefevreNew York Court of Appeals · 1875
- Ferrer v. . PyneNew York Court of Appeals · 1880
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3Cited by20 opinions
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- McGlynn v. SchultzNew Jersey Superior Court Appellate Division · 1966
- Johnson v. Christ HospitalNew Jersey Superior Court Appellate Division · 1964
- PLAZA ROAD CO-OP., INC. v. FinnNew Jersey Superior Court Appellate Division · 1985
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