Sullivan v. McCann
Appellate Division of the Supreme Court of the State of New York
Appeal by Edward W. Fox, the plaintiff’s attorney, from a,n order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New. York on the 2d day of April, 1906, granting the respondents’ motion for the discontinuance of the above-entitled action, without costs to any party as against the others.
1Opinion of the Court
Clarke, J.:
This action was brought by two grandsons of John Sullivan, deceased, to construe the last will and testament of said decedent which liad been admitted to probate in blew York county on or about March 9, 1886. The complaint asked that certain provisions of said will directing that the surplus income .be applied for the payment of mortgages on tire property left by said decedent, and to invest and reinvest such surplus income after paying off such mortgages until the determination of the trust estate, be declared invalid. The complaint also asked for an accounting by the trustees.…
2Cases cited5 opinions
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- In Re the Accounting of FitzsimonsNew York Court of Appeals · 1903
- In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
- Matter of KingNew York Court of Appeals · 1901
- Smith v. Acker Process Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Sullivan v. McCannAppellate Division of the Supreme Court of the State of New York · 1908
- Tynan v. Auto MartNew York Supreme Court · 1907
- Sullivan v. McCannAppellate Division of the Supreme Court of the State of New York · 1906