Sullivan v. Mara
New York Supreme Court
OASE agreed upon and submitted under sec. 372 of the code of procedure. John Mara, the testator, late of the city and county of New York, having made his last will and testament, died on the 28th day of March, 1858, leaving Catharine Mara, his widow, and his only child a boy, now about eleven years of age, residing with his mother. The said will contained these provisions: “First.
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OASE agreed upon and submitted under sec. 372 of the code of procedure. John Mara, the testator, late of the city and county of New York, having made his last will and testament, died on the 28th day of March, 1858, leaving Catharine Mara, his widow, and his only child a boy, now about eleven years of age, residing with his mother. The said will contained these provisions: “First. After all my lawful debts are paid and discharged, I give and bequeath to my wife, Catharine Mara, one-third of all the property possessed by me at the time of my death, and I give and bequeath to my son, William…
1Opinion of the Court
By the Court,
Sutherland, J.
It appears to me plain that the dispositions of the testator’s property intended'by his will can riot be carried out consistently with allowing the claim of his widow, Catharine Mara, for dower, in addition to the provisions made for her by the will.
The first article of the will contains an absolute gift and bequest to the testator’s wife, Catharine Mara, “ of one-third of all the property possessed ” by the testator at the time of liis death, and an absolute gift and bequest of the other two-thirds, to the testator’s son William Mara. By the second article of the…
2Cases cited2 opinions
- Herbert & Others v. WREN & OTHERSSupreme Court of the United States · 1813
- Dodge v. DodgeNew York Supreme Court · 1860
3Cited by2 opinions
- In re the Estate of GotzianSupreme Court of Minnesota · 1885
- In re the Judicial Settlement of the Account of WalshNew York Surrogate's Court · 1926