Deegan v. . Wade
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 26,1894, which modified and affirmed as modified a judgment entered upon the report of a referee construing the will of Patrick Wade, deceased, and passing upon the accounts of the temporary administrator and the executors of a deceased executor. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 26,1894, which modified and affirmed as modified a judgment entered upon the report of a referee construing the will of Patrick Wade, deceased, and passing upon the accounts of the temporary administrator and the executors of a deceased executor. The nature of the action and the facts, so far as material, are stated in the opinion. The entire provision of the will “ thirdly ” is void, as it contravenes the statute against perpetuities. (Garvey v. McDevitt, 72 N.…
1Opinion of the CourtO’Brien, J.
The testator, Patrick Wade, died October 17th, 1890, leaving a will of real and personal property. Pending a contest as to the validity of the will before the surrogate, a temporary administrator was appointed. The will was subsequently admitted to probate and the executor named therein qualified and took possession of the estate. He died on the 14th of Hovember, 1891, and the plaintiffs (who are children and legatees or devisees under the will of Wade) were appointed administrators with the will annexed and brought this action. The purpose of the action is two-fold. The temporary…
2Cases cited2 opinions
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Hume v. . RandallNew York Court of Appeals · 1894
3Cited by20 opinions
- Thornagel v. PforrCalifornia Supreme Court · 1904
- In Re the Judicial Settlement of the Account of MoehringNew York Court of Appeals · 1897
- In Re the Accounting of TownsendNew York Court of Appeals · 1927
- Hagen v. SacrisonNorth Dakota Supreme Court · 1909
- Auer v. BrownWisconsin Supreme Court · 1904
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