McManus v. . McManus
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August o, 1903, which affirmed a judgment of Special Term judicially construing the will of John A. McManus, deceased.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August o, 1903, which affirmed a judgment of Special Term judicially construing the will of John A. McManus, deceased. This action was commenced by the executor of John A. McManus, deceased, to obtain a judicial construction of his-will in the following respects : As to the validity and effect of the devises to his widow and adopted daughter, contained in the second paragraph, and as to the meaning, correct interpretation and effect of the fourth paragraph. The case was tried at…
1Opinion of the CourtMartin, J.
The first question presented upon this appeal is how far the findings of fact may be reviewed or considered by this court under a unanimous affirmance. An exception to a finding of fact - unanimously affirmed by the Appellate Division presents no question re viewable by the Court of Appeals, and where the facts as found justify the conclusions "of law and no other exceptions appear which present any questions of law, the judgment must be affirmed. (Krekeler v. Aulbach, 169 N. Y. 372.) Even if the error in the decision of the case upon which the appellant relies is predicated upon undisputed…
2Cases cited10 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Marden v. . DorthyNew York Court of Appeals · 1899
- McCorn v. . McCornNew York Court of Appeals · 1885
- Morris v. . SicklyNew York Court of Appeals · 1892
- Hoyt v. . HoytNew York Court of Appeals · 1881
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3Cited by4 opinions
- In re the Estate of WardNew York Surrogate's Court · 1937
- Farmers' Loan & Trust Co. v. OsbornNew York Supreme Court · 1911
- In re the Judicial Settlement of the Account of Proceedings of ArmenyNew York Surrogate's Court · 1923
- In re the Judicial Settlement of the Estate of MarshNew York Surrogate's Court · 1912