Power v. Cassidy
New York Supreme Court
Appeal from a judgment entered upon the trial of this action by the court without a jury. The action was brought to procure a construction of certain portions of the will of John H. Power, deceased.
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Appeal from a judgment entered upon the trial of this action by the court without a jury. The action was brought to procure a construction of certain portions of the will of John H. Power, deceased. The material portions of the will are as follows, viz. : “After my lawful debts are paid, I give and bequeath all my property, both real and personal, unto my executrix and executors hereinafter named, that is to say : To my beloved wife Henriette B. Power, and to my friends Lewis J. White and Hugh Cassidy, of the city of New York, all of whom I have named as executrix and executors of this my…
1Opinion of the Court
Potter, J.:
This is an appeal from a judgment of this court at Special Term. Tbe action was brought by plaintiff individually and as executrix, to obtain a construction of tbe will of John H. Power, deceased who was tbe husband of tbe plaintiff" and a determination of this court upon that portion of tbe will contained in its residuary clause. Tbe court at Special Term adjudged tbe will valid, and that by tbe will tbe real estate of tbe testator was converted into personalty. Tbe plaintiff appeals from tbe judgment declaring that tbe devise to tbe Roman Catholic societies, charities, schools,…
2Cases cited6 opinions
- Phelps' v. . PondNew York Court of Appeals · 1861
- Lefevre v. . LefevreNew York Court of Appeals · 1875
- Bascom v. . AlbertsonNew York Court of Appeals · 1866
- Holmes v. . MeadNew York Court of Appeals · 1873
- Arnold v. GilbertNew York Supreme Court · 1849
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