Clark v. Lynch
New York Supreme Court
THE executors of Patrick D. Lynch, deceased, brought this suit to obtain an adjudication of several questions arising under the will of the deceased. The testator died on the 19th of February, 1864, possessed of a large estate, leaving a will dated the 3d of that month, and two codicils thereto, one dated the 6th ahd the other the 15th of the same month, all of which were duly admitted to probate.
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THE executors of Patrick D. Lynch, deceased, brought this suit to obtain an adjudication of several questions arising under the will of the deceased. The testator died on the 19th of February, 1864, possessed of a large estate, leaving a will dated the 3d of that month, and two codicils thereto, one dated the 6th ahd the other the 15th of the same month, all of which were duly admitted to probate. After making sundry dispositions of parts of his estate, the testator disposed of the residuum, by the seventh clause, as follows: “ Seventh. I give, bequeath and devise the balance of all my…
1Opinion of the Court
By the Court, Bacon, P. J.
There is but a solitary question presented for adjudication in this case, and that lies in a very narrow compass. It arises upon the construction of the 7th clause of the will of Patrick Lynch. That clause is as follows •: (c I give, devise and bequeath the balance of my property, real and personal, to my brother, James Lynch, and to the male heirs of my brother, J ohn Lynch, deceased, except that Dennis Lynch, one of said heirs, is to receive no part whatever, but the same is to be divided among the other male heirs of said John Lynch, deceased.”
At the date of the…
2Cases cited1 opinion
- Collins v. HoxieNew York Court of Chancery · 1841
3Cited by10 opinions
- Stevenson v. . LesleyNew York Court of Appeals · 1877
- Vincent v. . NewhouseNew York Court of Appeals · 1881
- Henry v. ThomasIndiana Supreme Court · 1889
- Collins v. FeatherWest Virginia Supreme Court · 1902
- Alexander v. WallaceTennessee Supreme Court · 1881
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