Marks v. Kellogg
New York Surrogate's Court
Appeal by the defendant, L. Baffin Kellogg, as executor, from a judgment of the Supreme Court in favor of the plain a iff, entered in the office of the clerk of the county of New York on the 28th day of May, 1915, as. amended by an order entered in said clerk’s office on the 14th day of June, 1915. ¡ The judgment was entered upon the report of a referee appointetd to hear and determine the issues.
1Opinion of the CourtLaughlin, J.
— This is an action by the ancillary executor of John B. Morgan, deceased, to recover a legacy of $75,000 under a codicil to the last will and testament of his brother George H. Morgan, deceased. The will of George H. Morgan was. executed on the 7th day of June, 1904. By the 7th paragraph of the will he gave a legacy to his brother John as follows:
“ I give and bequeath unto my brother, the Reverend John Brainard Morgan, D. D., of Paris, France, the sum of Fifty thousand dollars, if he shall survive me. In case of his death before me, then the said legacy to my said brother is to lapse, and…
2Cases cited5 opinions
- Leask v. . HoaglandNew York Court of Appeals · 1912
- Poucher v. . ScottNew York Court of Appeals · 1885
- Rives v. . BartlettNew York Court of Appeals · 1915
- Sayles v. OlmsteadNew York Supreme Court · 1873
- In re the Judicial Accounting of CarringtonAppellate Division of the Supreme Court of the State of New York · 1914