Read v. . Patterson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial- department, made January 24,1890, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granted a new trial. July 6, 1872, John H. McCunn died leaving a last will and testament and two codicils, hy which he attempted to dispose of all of his property.
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Appeal from order of the General Term of the Supreme Court in the first judicial- department, made January 24,1890, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granted a new trial. July 6, 1872, John H. McCunn died leaving a last will and testament and two codicils, hy which he attempted to dispose of all of his property. He nominated Thomas McCunn and James M. Gano as executors, and Jane W. McCunn as executrix, of his will, which was probated in December, 1872, and letters testamentary were issued to the persons so…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] This action was brought in 1882 to charge the defendants, as heirs of John H. McCunn, who died in July, 1872, with the payment of certain debts contracted by him in his life-time and due to the plaintiff at the time of the commencement of the action. It is founded upon the fact that the defendants, as such heirs, took by descent certain real estate of which McCunn died seized, and as his death was prior to the repeal of the provisions of the Revised Statutes…
2Cases cited2 opinions
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
- Parsons v. BowneNew York Court of Chancery · 1838
3Cited by5 opinions
- West Pub. Co. v. Lawyers' Co-Operative Pub. Co.Court of Appeals for the Second Circuit · 1897
- Equitable Life Assurance Society v. WildsAppellate Division of the Supreme Court of the State of New York · 1918
- Ehnes v. NolanNew York Supreme Court · 1953
- Adams v. FassettNew York Supreme Court · 1893
- Deyo v. MorssAppellate Division of the Supreme Court of the State of New York · 1898