Brown v. Doherty
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Patrick Doherty and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of . New York on the 8th d'ay of' June, 1903, upon the report of a referee.
1Opinion of the Court
Laughlin, J.:
This action was brought March 9, 1902, to determine the claim of the defendants to real property described in the complaint. The premises are situate in the county of Westchester and were owned in fee simple absolute by Thomas Doherty who died seized and possessed thereof on the 3d day of December, 1874, leaving a last will and testament upon which letters testamentary were duly issued to Hugh Lunny and Patrick Doherty on the 17th day of March, 1875. The 5th clause of the will, the construction of which is to ■some extent involved in this litigation, was as follows:
“I give and…
2Cases cited11 opinions
- Baker v. . OakwoodNew York Court of Appeals · 1890
- Brennan v. . WillsonNew York Court of Appeals · 1877
- Ewing v. ShannahanSupreme Court of Missouri · 1892
- Meeks v. OlphertsSupreme Court of the United States · 1880
- Roseboom v. MosherNew York Supreme Court · 1846
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3Cited by2 opinions
- Stickler v. HALEVYDistrict Court, E.D. New York · 2011
- Estate of Barrett, Superior Court of California, County of San Francisco1899