Kennagh v. McColgan
New York Supreme Court
Appeal from special term, Hew York county. Action by William H. Kennagh against Elizabeth McColgan, executrix, etc., of John McColgan, deceased, to recover an unpaid balance of a legacy due plaintiff. The special term placed the action on the circuit court calendar for jury trial, and plaintiff appeals.
1Opinion of the CourtVan Brunt, P. J.
The complaint in this action alleges that the plaintiff is a legatee under the'will of one John McColgan, late of the city of New York, which was duly admitted to probate, and letters testamentary issued thereon to the defendant; that the sum of $750, balance of said legacy, still remains due and unpaid, although payment thereof has been demanded and refused; and the plaintiff demands judgment for the sum of $750, with interest. The answer admits that the plaintiff was a legatee under the said will, and that said will was duly admitted to probate, and that letters testamentary were issued to…
2Cited by2 opinions
- In re the Estate of RosenbergNew York Surrogate's Court · 1935
- Eysaman v. SmallNew York Supreme Court · 1891