Flynn v. . McDermott
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 21, 1905, upon an order affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 21, 1905, upon an order affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The Beal Property Law of this state, following the common law, provides for an election by the widow between a testamentary gift in lieu of dower and the dower right itself (Laws of 1896, chap. 547, § 180) and provides further a time limit within which…
1Opinion of the CourtBartlett, J.
This is an action against the estate of John McDermott, deceased, brought by the executor of the widow, Mary M. McDermott, to recover a legacy in her favor under her husband’s will. John McDermott died on the 18th of March, 1902, leaving a last will and testament which was executed on June 19th, 1900.
The third and fourth subdivisions of the will read as follows : “ Third. I give, devise and bequeath to my beloved wife Mary M. McDermott, the sum of nine thousand dollars in cash to be paid to her by my executor and trustee hereinafter named out of my estate within one year after my decease,…
2Cases cited3 opinions
- Welch v. AndersonSupreme Court of Missouri · 1859
- Eltzroth v. BinfordIndiana Supreme Court · 1880
- Donald v. PortisSupreme Court of Alabama · 1868
3Cited by36 opinions
- In re the Estate of ZweigNew York Surrogate's Court · 1932
- In Re the Accounting of ZalewskiNew York Court of Appeals · 1944
- First Natl. Bk. of St. Petersburg v. MacDonaldSupreme Court of Florida · 1930
- In re the Estate of MihlmanNew York Surrogate's Court · 1931
- In re the Estate of SmithNew York Surrogate's Court · 1938
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