Lightfoot v. Kane
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Blanche L. Lightfoot, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of September, 1915, granting the motion of the defendants herein, except the defendant Rosemary Kane, for judgment on the pleadings dismissing the complaint.
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Appeal by the plaintiff, Blanche L. Lightfoot, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of September, 1915, granting the motion of the defendants herein, except the defendant Rosemary Kane, for judgment on the pleadings dismissing the complaint. Plaintiff also appeals from the judgment entered in said clerk’s office on the 23d day of September, 1915, dismissing the complaint pursuant to said order.
1Opinion of the Court
Smith, J.:
Bridget Kane died the 11th of March, 1914, leaving a last will and testament which is here for construction. The will was executed on the 6th day of July, 1909. On that date there were living three sons and four daughters. Another son, Michael Kane, had died on December 13, 1903, prior to the execution of the will. The plaintiff and the defendant Rosemary Kane are daughters of said Michael Kane, who left no other issue.
There is a single question involved in this appeal, arising upon the construction of the 4th clause of Bridget Kane’s will. That clause, so far as is relevant, reads…
2Cases cited3 opinions
- Pimel v. . BetjemannNew York Court of Appeals · 1905
- Matter of Estate of BrownNew York Court of Appeals · 1883
- In Re the Probate of the Will of TurnerNew York Court of Appeals · 1913
3Cited by6 opinions
- In re the Estate of HorvathNew York Surrogate's Court · 1935
- Gardner v. KnowlesSupreme Court of Rhode Island · 1927
- In re the Estate of EisnerNew York Surrogate's Court · 1962
- Allen v. CarsonCourt of Appeals of Texas · 1942
- In re the Estate of SprossNew York Surrogate's Court · 1963
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