Legal Opinion

Allen v. Stevens

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

Decided July 1, 1898PublishedCited by 26 opinions

■ Appeal by the heirs and next of kin- of Nathan F. Graves, deceased, by the administrator of Catherine IT. Graves, the widow of Nathan F. Graves, deceased, and by all her heirs and next of kin, from the whole of the judgment, by the executors and trustees, of-Nathan F. Graves, deceased, from that part of the judgment awarding additional allowances to attorneys other than to their own, and by the Attorney-General from that part of the judgment awarding additional allowances…

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■ Appeal by the heirs and next of kin- of Nathan F. Graves, deceased, by the administrator of Catherine IT. Graves, the widow of Nathan F. Graves, deceased, and by all her heirs and next of kin, from the whole of the judgment, by the executors and trustees, of-Nathan F. Graves, deceased, from that part of the judgment awarding additional allowances to attorneys other than to their own, and by the Attorney-General from that part of the judgment awarding additional allowances to attorneys other than his own. The judgment was entered, on a decision of a Special Term separately stating the facts…

1Opinion of the Court

Follett, J.:

This action was begun in December, 1896, by the heirs and next of kin of Nathan F. Graves, deceased, to obtain a construction of his will. The testator died at Syracuse, N. Y., July 21, 1896, leaving a last will and testament drawn by .himself and executed September 15, 1893, which was duly admitted to probate by the Surrogate’s Court of the county of Onondaga September 5, 1896. The testator left a widow, Catherine H. Graves, two brothers and two nephews, the plaintiffs herein, his sole heirs and next of kin. August 15, 1896, Catherine H. Graves was duly adjudged to be a person…

2Cases cited4 opinions

  1. Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
  2. Schettler v. . SmithNew York Court of Appeals · 1869
  3. Bascom v. . AlbertsonNew York Court of Appeals · 1866
  4. Tayloe v. GouldNew York Supreme Court · 1851

3Cited by26 opinions

  1. Hecht v. MalleySupreme Court of the United States · 1924
  2. Weir v. United StatesCourt of Appeals for the Seventh Circuit · 1937
  3. Wilson & Co. v. United Packinghouse Wkrs. of AmericaDistrict Court, N.D. Iowa · 1960
  4. Trustees of the Sailors' Snug Harbor v. CarmodyAppellate Division of the Supreme Court of the State of New York · 1913
  5. Motta v. Samuel Weiser, Inc.District Court, D. Maine · 1984

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