Legal Opinion

De Kay v. Irving & De Kay

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1846PublishedCited by 24 opinions

Appeal from chancery. The report of the casein that court will be found in 9 Paige, 521. From the decree made by the chancellor the defendants George De Kay and Janet his wife appealed. The leading facts of the case are contained in the opinion of Justice Beardsley.

1Opinion of the CourtBeardsley, J.

In June, 1831, Henry Eckford, then of the city of New-York, made and executed his last will and testament, in due form of law, and in November of the succeeding year he died. Marion Eckford, his wife, was made executrix, and James E. De Kay and others executors. Shortly after the death of the testator, the will was proved before the surrogate of the city and county of New-York, and letters testamentary were granted to the executrix and executors, who thereupon entered upon the performance of their duty in the execution of the will.

At the time of making his will, the testator had the following…

2Cited by24 opinions

  1. Manice v. . ManiceNew York Court of Appeals · 1871
  2. Williams v. . WilliamsNew York Court of Appeals · 1853
  3. Post v. . HoverNew York Court of Appeals · 1865
  4. Bliven v. . SeymourNew York Court of Appeals · 1882
  5. Oxley v. . LaneNew York Court of Appeals · 1866

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