Delaney v. . McCormack
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court, in the second judicial department, entered upon an order made the second Monday of December, 1881, which affirmed a- judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Deported below, 25 Hun, 574.) This action was brought to' obtain a construction of the will of John Walsh, late of the city of Hew York, deceased.
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Appeal from judgment of the G-eneral Term of the Supreme Court, in the second judicial department, entered upon an order made the second Monday of December, 1881, which affirmed a- judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Deported below, 25 Hun, 574.) This action was brought to' obtain a construction of the will of John Walsh, late of the city of Hew York, deceased. The clauses of the will as to which there was any controversy are as follows: “ Thirdly. I give, devise and'bequeath unto my said son James, during his natural life, all the…
1Opinion of the CourtFinch, J.
The testator gave to his son James the whole of his real estate for life, and absolutely and in fee, in case the son married and had issue; but if he died without having had lawful issue, the testator directed his executors who should then be surviving, or the last survivor of them, to" sell his real estate and distribute the proceeds among the testator’s “ next of kin, as personal estate, according to the laws of the State of Hew York, for the distribution of intestate personal estate.” The executors named were the testator’s wife, his son James, and his friend, Tighe Davey; all of whom are…
2Cases cited3 opinions
- Vincent v. . NewhouseNew York Court of Appeals · 1881
- Dominick v. SayreThe Superior Court of New York City · 1850
- Catton v. TaylorNew York Supreme Court · 1864
3Cited by67 opinions
- In Re the Accounting of CraneNew York Court of Appeals · 1900
- Rudd v. . CornellNew York Court of Appeals · 1902
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- In Re the Accounting of EvansNew York Court of Appeals · 1922
- In Re the Estate of StewartNew York Court of Appeals · 1892
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