Burke v. Burke
Appellate Division of the Supreme Court of the State of New York
Appeal' by the defendants, James H. Burke and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Bronx on the 24th day of January, 1919, upon a special verdict of a jury adjudging that a certain, paper writing dated December 15, 1913, purporting to be the last will and testament of James J. Burke, deceased, is not such last will and testament, and also from an order entered in said clerk’s office on the…
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Appeal' by the defendants, James H. Burke and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Bronx on the 24th day of January, 1919, upon a special verdict of a jury adjudging that a certain, paper writing dated December 15, 1913, purporting to be the last will and testament of James J. Burke, deceased, is not such last will and testament, and also from an order entered in said clerk’s office on the 19th day of February, 1919, denying defendants’ motion to set aside the verdict and for a new trial made upon the…
1Opinion of the Court
Greenbaum, J.:
The decedent was at the time of his death, which occurred on February 4, 1914, forty-nine years and seven months of age. During his lifetime he was engaged in the manufacture of neckties at 425 East One Hundred and Forty-first street, where he also lived at the time of his death.
He left him surviving the plaintiff, his widow, and three daughters, the defendants Marie Welsh, Florence Flemming and Virginia Burke, his only heirs at law and next of kin. His father, the defendant James H. Bjurke, also survived him. The deceased was married to the plaintiff, his second wife, in…
2Cases cited10 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Peck v. . CaryNew York Court of Appeals · 1863
- Dobie v. . ArmstrongNew York Court of Appeals · 1899
- Gardiner v. GardinerNew York Court of Appeals · 1865
- In Re the Probate of the Will of SnellingNew York Court of Appeals · 1893
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3Cited by5 opinions
- In re the Contested Probate of the Last Will & Testament of TymesonNew York Surrogate's Court · 1921
- In re the Probate of the Will of MorrisonAppellate Division of the Supreme Court of the State of New York · 1946
- In re Proving the Last Will & Testament of EnoNew York Surrogate's Court · 1922
- In re the Estate of KimballNew York Surrogate's Court · 1935
- In re the Estate of O'BrienNew York Surrogate's Court · 1921