Legal Opinion
In re the Judicial Settlement of the Account of Keenan
Appellate Division of the Supreme Court of the State of New York
Decided July 15, 1905PublishedCited by 9 opinions
Appeal by Reverend James S. Duffy, one of the legatees. under the last will and testament of Owen Nolan, deceased, from so much of a decree of the Surrogate’s Court of the county of Kings, entered
1Opinion of the Court
Willard Bartlett, J.:
This appeal calls for the construction of the 10th and 17th paragraphs o£ the will of Owen Nolan, deceased. Those paragraphs read as follows:
“ Tenth. I give and bequeath to my friend Rev. James S. Duffy, the sum of Five thousand ($5,000.00) dollars, to be expended by him, as I have instructed him during my lifetime. * * *
“Seventeenth. I give and bequeath to my friend Rev. James S. Duffy, for his personal use the sum of One thousand ($1,000.00) dollars.”
The learned surrogate has held that the 10th paragraph is invalid because, while the bequest partakes of the general…
2Cases cited1 opinion
- Gross v. MooreNew York Supreme Court · 1893
3Cited by9 opinions
- Haskell v. StaplesSupreme Judicial Court of Maine · 1917
- In re the Judicial Settlement of the Account of ArmbrusterNew York Surrogate's Court · 1923
- In re SeitzNew York Surrogate's Court · 1918
- In re the Construction of the Will of MurrayNew York Surrogate's Court · 1948
- In re the Will of LehmaierNew York Surrogate's Court · 1944
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