Holland v. . Alcock
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 11, 1886, which reversed a judgment in favor 0f#r plaintiffs entered upon an order overruling a demurrer to ^ plaintiffs’ complaint and which sustained the demurrer.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 11, 1886, which reversed a judgment in favor 0f#r plaintiffs entered upon an order overruling a demurrer to ^ plaintiffs’ complaint and which sustained the demurrer. This action was brought by plaintiffs as the next of kin of Thomas Gunning, deceased, against the executors of his will, asking for an accounting, distribution and payment over of the residuary estate, which consisted entirely of personalty, and as to which plaintiffs claimed the testator died…
1Opinion of the CourtBapallo, J.
The third clause of the testator’s will is in the following words: “All the rest, residue and remainder of my ■estate I give and bequeath to my said executors, to be applied by them for the purpose of having prayers offered in a Boman 'Catholic church, to be by them selected, for the repose of my soul and the souls of my family, and also the souls of all others who may be in purgatory.” The validity of this clause is the question now presented for adjudication.
The action is brought by five nieces and a nephew of the testator, who claim to be his next of kin and heirs-at-law, and, as such,…
2Cases cited10 opinions
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Downing v. . MarshallNew York Court of Appeals · 1861
- Bascom v. . AlbertsonNew York Court of Appeals · 1866
- Levy v. . LevyNew York Court of Appeals · 1865
- Beekman v. . BonsorNew York Court of Appeals · 1861
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3Cited by105 opinions
- Allen v. . StevensNew York Court of Appeals · 1899
- Sherman v. Richmond Hose Co. No. 2New York Court of Appeals · 1921
- Bird v. . MerkleeNew York Court of Appeals · 1895
- Fairchild v. . Edson Edson v. . BartowNew York Court of Appeals · 1897
- Trustees of the Sailors' Snug Harbor v. CarmodyNew York Court of Appeals · 1914
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