Garvey v. McDevitt
New York Supreme Court
Appeal from a judgment rendered at the Kings county Special Term. Tbe action was brought by an executor to obtain a construction of a will, tbe material portion of wbicb appears in tbe opinion of tbe court.
1Opinion of the Court
Brady, J.:
This case was sent to us from tbe second judicial district, tbe two judges presiding at tbe General Term, when tbe appeal was beard there, differing radically upon tbe questions involved. Many *458propositions arising upon the provisions of the will were elaborately argued, so that the revelations made by the case should receive consideration in each aspect in which they presented themselves. In the view, however, which is taken of the controversy, it becomes necessary to examine but one only, because the determination of that disposes of the appeal. The will itself presents the…
2Cases cited3 opinions
- Downing v. . MarshallNew York Court of Appeals · 1861
- Coster v. LorillardCourt for the Trial of Impeachments and Correction of Errors · 1835
- Eells v. LynchThe Superior Court of New York City · 1861