Legal Opinion

Carolan v. O'Donnell

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1910PublishedCited by 6 opinions

'Appeal by the defendants, Eebecca O’Donnell and others, from an order of the Supreme Court, made at the New York Special Term bearing date the 9th day of June, 1910, and entered in the office of the clerk of the county of New York.

1Opinion of the Court

Scott, J.:

This is an appeal from an order denying a motion by the defendants, Eebecca O’Donnell and others, that the action be revived and coninued either in the names of the surviving executors of Neal O’Donnell, deceased, as plaintiffs, or in the name of said Eebecca O’Donnell as plaintiff. The action was brought - under section 2653a of the Code of Civil Procedure to establish the validity of a paper alleged to be the last will and testament of Neal O’Donnell,' deceased.

The action was commenced by Patrick M. Carolan, “ individually and as executor of the last will and testament of Neal…

2Cases cited4 opinions

  1. Matter of LasakNew York Court of Appeals · 1892
  2. Lyon v. . ParkNew York Court of Appeals · 1888
  3. Keyes v. EllensohnNew York Supreme Court · 1894
  4. In re Probate of the Alleged Last Will & Testament & Codicil of RuppanerAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by6 opinions

  1. In Re Estate of BakerCalifornia Supreme Court · 1915
  2. Stewart v. FranchettiAppellate Division of the Supreme Court of the State of New York · 1915
  3. Wichlenski v. WichlenskiAppellate Division of the Supreme Court of the State of New York · 1979
  4. Sargoy v. WamboldtAppellate Division of the Supreme Court of the State of New York · 1992
  5. Aptacy v. H. J. Giorgi, Inc.New York Supreme Court · 1984

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