Jones v. . Kelly
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 3, 1901, affirming a judgment of the Special Term construing.the will of John P. Conlon, deceased. John P. Conlon died on the 5tli day of April, 1899, leaving him surviving his widow, the defendant Eva K. Conlon, but no parent or descendant, no brother or sister or descendant of brother or sister.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 3, 1901, affirming a judgment of the Special Term construing.the will of John P. Conlon, deceased. John P. Conlon died on the 5tli day of April, 1899, leaving him surviving his widow, the defendant Eva K. Conlon, but no parent or descendant, no brother or sister or descendant of brother or sister. He died seized of the real property described in the complaint in this action which had come to him by descent from his father, Samuel Conlon. The plaintiffs, Winifred F. Jones,…
1Opinion of the Court
Parker, Ch. J.
The testator attempted to dispose of his entire estate by will, but the attempt was unsuccessful because having a wife, he nevertheless undertook to give the whole of it to two charitable corporations, after providing for the payment of a few small legacies, thus offending against the provisions of chapter 360 of the Laws of 1860, which in effect provides that such a devise is valid as to one-half of the estate and no move. Who shall have the one-half of the estate undisposed of, the heirs at law or the next of kin, is the question presented for answer.
Physically regarded, such…
2Cases cited4 opinions
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- De Peyster v. ClendiningNew York Court of Chancery · 1840
- Hawley v. JamesNew York Court of Chancery · 1838
- Giraud v. GiraudNew York Supreme Court · 1879
3Cited by24 opinions
- Decker v. . VreelandNew York Court of Appeals · 1917
- Barber v. . TerryNew York Court of Appeals · 1918
- In re Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1924
- In re AlbersAppellate Division of the Supreme Court of the State of New York · 1923
- Olson v. ScottUtah Supreme Court · 1922
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