Delehanty v. St. Vincent'S Orphan Asylum
New York Supreme Court
Appeal from special term, Albany county. Action by Francis B. Delehanty, as administrator with the will annexed of Daniel Cunningham, deceased, against the St. Vincent’s Orphan Asylum of the City of Albany and others, to obtain a construction of the will of Daniel Cunningham, deceased, who died January 1,1873, leaving his widow, Mary Cunning-,, ham, but no children or descendants, parent, brother, sister, nephew, or niece, him surviving.
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Appeal from special term, Albany county. Action by Francis B. Delehanty, as administrator with the will annexed of Daniel Cunningham, deceased, against the St. Vincent’s Orphan Asylum of the City of Albany and others, to obtain a construction of the will of Daniel Cunningham, deceased, who died January 1,1873, leaving his widow, Mary Cunning-,, ham, but no children or descendants, parent, brother, sister, nephew, or niece, him surviving. The will was executed in November preceding his death, and provides: “First, after all my lawful debts are paid and discharged, I give and bequeath to my…
1Opinion of the Court
Landón, J.
The question is not free from doubt, but we have reached the conclusion that the remainder in the sum of $6,000, forming the principal of which the testator’s widow was given the income during her widowhood, is embraced in the surplus to be distributed by the executor. It appears quite satisfactorily that the testator intended to make a disposition of his entire estate; that he intended that the persons and institutions to which he gave particular sums and benefits should have his entire' estate; and that no others should have any part of it. He specified with exactness—no doubt as…
2Cases cited6 opinions
- Vernon v. . VernonNew York Court of Appeals · 1873
- Kerr v. . DoughertyNew York Court of Appeals · 1880
- Riker v. . CornwellNew York Court of Appeals · 1889
- Floyd v. . CarowNew York Court of Appeals · 1882
- Roman Catholic German Church v. WachterNew York Supreme Court · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re the Estate of WeinerNew York Surrogate's Court · 1930