Crawford v. . McCarthy
New York Court of Appeals
Appeal from a final judgment entered November 3, 1897, at Special Term after affirmance by the Appellate Division of the Supreme Court in the first judicial department of an interlocutory judgment overruling demurrer to the plaintiff’s complaint. The substance of the complaint and the grounds of the demurrer are stated in the opinion. ' The provision for the plaintiff, if a legacy, is specific and not demonstrative.
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Appeal from a final judgment entered November 3, 1897, at Special Term after affirmance by the Appellate Division of the Supreme Court in the first judicial department of an interlocutory judgment overruling demurrer to the plaintiff’s complaint. The substance of the complaint and the grounds of the demurrer are stated in the opinion. ' The provision for the plaintiff, if a legacy, is specific and not demonstrative. (Redf. on Sur. 605, 606 ; Delaney v. Van Aulen, 84 N. Y. 16 ; Beck v. McGillis, 9 Barb. 35 ; Barber v. Davidson, 73 Ill. App. 441 ; Prendergast v. Walsh, 42 Atl. Rep. 1049 ;…
1Opinion of the CourtHaight, J.
The original plaintiff, William J. Crawford, in this action alleges that Agnes M. Crawford, late of the city and county of Hew York, died on the 8th day of February, 1895, leaving' a last will and testament of which the following is a copy:
“ I, Agnes M. Crawford, widow of William Crawford, late of the city of Hew York, deceased, do make my last will and testament as follows:
“First. I direct all my debts and funeral expenses to be paid-
“Second. I give, and bequeath to my daughter Isabella the house and premises number 316 East 117th street in the city of Hew York, together with my furniture…
2Cases cited2 opinions
- Giddings v. . SewardNew York Court of Appeals · 1857
- Newton v. . StanleyNew York Court of Appeals · 1863
3Cited by105 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- Ga Nun v. . PalmerNew York Court of Appeals · 1911
- In Re the Estate of De BernalCalifornia Supreme Court · 1913
- In Re the Accounting of SickelsNew York Court of Appeals · 1938
- In Re the Estate of CrouseNew York Court of Appeals · 1927
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