McGoldrick v. Bodkin
Appellate Division of the Supreme Court of the State of New York
Submission of á controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Carr, J.:
This is a submitted controversy in which this court is asked to determine whether the general legacies set forth in the last will and testament of Dominick Bodkin, M. D., deceased, were by said instrument charged upon the real estate devised by the residuary clause thereof. It may first be noted that the agreed statement of facts submitted for the purpose of our decision is somewhat meagre. Many statements of facts appear in the briefs of the respective counsel which do not appear in the agreed statement to which we are confined necessarily in the determination of the legal question…
2Cases cited4 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- Brill v. . WrightNew York Court of Appeals · 1889
- Hoyt v. . HoytNew York Court of Appeals · 1881
- Lediger v. CanfieldAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by26 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- In re the Estate of LilienthalNew York Surrogate's Court · 1930
- In re the Judicial Settlement of the Account of LummisNew York Surrogate's Court · 1917
- Ellet v. McCordCourt of Appeals of Texas · 1931
- In re the Construction of the Last Will & Testament of MouldNew York Surrogate's Court · 1921
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