In Re the Accounting of Leonard
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 24, 1915, which modified and affirmed as modified a decree of the New York County Surrogate’s Court construing the will of Bryan McCahill, deceased, and directing distribution of a certain share of his estate. The facts, so far as material, are stated in the opinion. The 11th clause did not create a trust life estate in favor of Annie McMahon.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 24, 1915, which modified and affirmed as modified a decree of the New York County Surrogate’s Court construing the will of Bryan McCahill, deceased, and directing distribution of a certain share of his estate. The facts, so far as material, are stated in the opinion. The 11th clause did not create a trust life estate in favor of Annie McMahon. (Mullarki v. Sullivan, 136 N. Y. 227; Matter of Conger, 81 App. Div. 493.) Grift of their shares to the nieceshaving been directly and…
1Opinion of the CourtHiscock, J.
Bryan McCahill died leaving him surviving a widow, no children or descendants of children, and sixteen nephews and nieces. He left .a will which in addition to making certain specific bequests contained clauses which are of varying importance in the disposition of the questions presented on this appeal.
One of these provided as follows: “ Second. I give and bequeath unto my wife Bridget McCahill the house and lot owned by me known as Yumber One Hundred and Forty-five East Forty-ninth Street, in the City of Yew York, together with all the household furniture *, * * during the natural life of…
2Cases cited2 opinions
- In Re the Accounting of CraneNew York Court of Appeals · 1900
- Salter v. . DrowneNew York Court of Appeals · 1912
3Cited by13 opinions
- Matter of KohlerNew York Court of Appeals · 1921
- In re the Accounting of New York Trust Co.New York Surrogate's Court · 1951
- In re TrevorNew York Surrogate's Court · 1922
- Metropolitan Trust Co. v. KransAppellate Division of the Supreme Court of the State of New York · 1919
- In re the Accounting of Guaranty Trust Co.New York Surrogate's Court · 1950
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