Timon v. Claffy
New York Supreme Court
THIS was an action brought by the plaintiff, the Boman Catholic Bishop of Buffalo, to establish a destroyed will alleged to have been duly made by James Claffy, of Bochester, who died June 29,1863. The plaintiff claims that on the 3d day of May, 1863, said Claffy made a will, by which he devised all his real and personal estate, amounting to about $13,000 to the plaintiff, except an annuity of $300 a year to the widow, and that such will was fraudulently destroyed by Mary…
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THIS was an action brought by the plaintiff, the Boman Catholic Bishop of Buffalo, to establish a destroyed will alleged to have been duly made by James Claffy, of Bochester, who died June 29,1863. The plaintiff claims that on the 3d day of May, 1863, said Claffy made a will, by which he devised all his real and personal estate, amounting to about $13,000 to the plaintiff, except an annuity of $300 a year to the widow, and that such will was fraudulently destroyed by Mary Claffy, the testator's wife, either before or after his death. The answer denies these allegations, and alleges fraud and…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
This case comes before us upon appeal from an order made at a special term denying an application on the part of the plaintiff for a new trial and ordering judgment for the defendants dismissing the plaintiff’s complaint.
The order at special term was based upon the pleadings in the action and the verdict or finding of the jury upon certain issues sent to the circuit for trial under a previous order of this court. The case received no particular examination at special term, and no opinion was written by the judge there; but the decision was rather pro forma…
2Cases cited1 opinion
- Knapp v. . KnappNew York Court of Appeals · 1851
3Cited by14 opinions
- Anderson v. CranmerWest Virginia Supreme Court · 1877
- In re Probate of the Will of FoxNew York Court of Appeals · 1961
- Johnson v. KrocSupreme Court of Minnesota · 1923
- In Re Kerckhof's EstateWashington Supreme Court · 1942
- Estate of KidderCalifornia Supreme Court · 1885
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