Hennessy v. . Patterson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department entered upon an order made September 17, 1880, affirming a judgment in favor of defendant, entered upon a verdict. This.was an action of ejectment brought to recover possession of certain premises situate in the city of Brooklyn.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department entered upon an order made September 17, 1880, affirming a judgment in favor of defendant, entered upon a verdict. This.was an action of ejectment brought to recover possession of certain premises situate in the city of Brooklyn. John Foley died in 1872, seized of the premises, leaving a will, the provisions of which, so far as they affect the nremises in question, are as follows: “First. After all my lawful debts are paid and discharged, I give and bequeath to my dear wife, Catherine Healey, the…
1Opinion of the CourtFinch, J.
The general intention of the testator, in this case, is very plain. Having a wife, and an unmarried daughter, he desired to secure to them during their lives the full benefit of the use and income of his property; but dreading the influence and possible selfishness of a husband of either, he aimed at a disposition which would make it impossible for such husband to obtain any interest in, or control over the estate devised. To effect this purpose, he took from the widow, in the event of her remarriage, the management of the property and also the guardianship of his daughter and vested both in…
2Cases cited6 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- Jackson ex dem. Staats v. StaatsNew York Supreme Court · 1814
- In re SandersNew York Court of Chancery · 1834
- Sherman v. ShermanNew York Supreme Court · 1848
- Cushney v. HenryNew York Court of Chancery · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- In Re the Accounting of WilcoxNew York Court of Appeals · 1909
- Dougherty v. . ThompsonNew York Court of Appeals · 1901
- In re Moran's WillWisconsin Supreme Court · 1903
- Bunting v. SpeekSupreme Court of Kansas · 1889
- In re the Estate of LeonardNew York Surrogate's Court · 1932
57 more not listed; retrieve them via the Exa API.