Legal Opinion

In re the Estate of McClouth

New York Surrogate's Court

Decided July 15, 1894Published

Proceedings under see. 2717 of the Code of Civil Procedure, to compel the payment of legacy.

1Opinion of the Court

Davie, S.

On the 22d day of June, 1894, Lucinda Bogers, claiming to be a legatee under the will of deceased, filed her petition pursuant to the provisions of see. 2717 of the Code, containing the usual averments-, and on the return o-f the citation issued thereon the executor appeared and filed an answer, duly verified, denying absolutely that the petitioner was'a legatee under such will, and alleging that by the terms of the will all the property of which the test-atrix died possessed was devised and bequeathed to Charles D. McClouth, and that he was the absolute owner thereof, and.that “the…

2Cases cited5 opinions

  1. Bevan v. . CooperNew York Court of Appeals · 1878
  2. Hurlburt v. . DurantNew York Court of Appeals · 1882
  3. Fiester v. . ShepardNew York Court of Appeals · 1883
  4. Matter of Application, Etc., of MacAulayNew York Court of Appeals · 1884
  5. Charlick's EstateNew York Surrogate's Court · 1882

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