Legal Opinion

Crocker v. Mulligan

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

Decided January 10, 1913PublishedCited by 7 opinions

Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Thomas, J.:

The question is whether a child is in any way mentioned in a will made before its birth.. The 2d paragraph is: “All the rest, residue and remainder of my estate, both real and personal of every kind and nature, T give, devise and bequeath to my beloved wife, Carrie W. Crocker, I have not mentioned any of our children, or given to them, any portion of my estate, for the reason that I have the fullest confidence in my wife, that she will, out of the estate hereby given to her, provide for our said children, supplying their need so far as in her power lies.” At the date of execution…

2Cited by7 opinions

  1. In re MulqueenAppellate Division of the Supreme Court of the State of New York · 1925
  2. In re the Estate of DoolingNew York Surrogate's Court · 1936
  3. In re the Estate of CallisterNew York Surrogate's Court · 1933
  4. Holbrook v. HolbrookAppellate Division of the Supreme Court of the State of New York · 1920
  5. In re the Estate of LandNew York Surrogate's Court · 1936

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