Connolly v. Pardon
New York Court of Chancery
This was a bill for a distributive share of the estate of the late Bishop Connolly. The testator made his will, on the 4th of February, 1825, and after several specific legacies, he bequeathed the residue as follows: “Thirdly, I bequeath to my brother Cormac Connolly, and to my two sisters, Mary and Ann, whatever remains of my money, after the above bequests, to be divided between them share and share alike; and in case of the demise of either of them, to go share and share…
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This was a bill for a distributive share of the estate of the late Bishop Connolly. The testator made his will, on the 4th of February, 1825, and after several specific legacies, he bequeathed the residue as follows: “Thirdly, I bequeath to my brother Cormac Connolly, and to my two sisters, Mary and Ann, whatever remains of my money, after the above bequests, to be divided between them share and share alike; and in case of the demise of either of them, to go share and share alike to the survivor or survivors.” On the following day, he made a codicil to the will, and thereby, among other…
1Opinion of the Court
The Chancellor :—From the testimony in this cause, there can be ho doubt of the mistake in the will, and that the complainant was intended as the residuary legatee, who is described by the testator in the will as his brother Cor-mac. He could not have intended it for his brother Henry, because it is in evidence that the testator said he had made inquiries for him in this country, but could hear nothing of him, and supposed him to be dead. The reference to this devise in the codicil, and the description of his nephew as the son of his brother Cormac, shows conclusively that the complainant was…
2Cases cited3 opinions
- Smith v. SmithNew York Court of Chancery · 1833
- Smith v. SmithNew York Court of Chancery · 1832
- Wells v. Bowling's HeirsCourt of Appeals of Kentucky · 1834
3Cited by10 opinions
- Daugherty v. RogersIndiana Supreme Court · 1889
- Clark v. President of the Manufacturers' InsuranceSupreme Court of the United States · 1850
- Wilson v. PerryWest Virginia Supreme Court · 1886
- Staak v. SigelkowWisconsin Supreme Court · 1860
- Sherrell v. ShepardSupreme Court of Florida · 1882
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