Burns v. . Burns
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 15, 1905, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The succession of personal property is governed exclusively by the law of the place where the testator was domiciled at the time of his death. (Code Civ.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 15, 1905, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The succession of personal property is governed exclusively by the law of the place where the testator was domiciled at the time of his death. (Code Civ. Pro. § 2694; Depuy v. Wurtz, 53 N. Y. 566; Taylor v. Syme, 162 N. Y. 518 ; N. Y. L. Ins. & T. Co. v. Viele, 161 N. Y.…
1Opinion of the CourtGray, J.
The plaintiff is the widow and the defendants are the children of John C. Burns and their dispute is over the distribution, which should be made of certain life insurance moneys that became payable upon Burns’ death. The Knights Templars and Masonic Mutual Aid Association of Cincinnati, an Ohio corporation, upon Burns’ application, issued to him its certificate, whereby it “agreed with him to well and truly pay to the heirs of the said John C. Burns the sum of $3,000 * * * at the office of the Association, in the City of Cincinnati, O.,” upon the proof required as to his death. The…
2Cases cited2 opinions
- Uhlman v. . New York Life Ins. Co.New York Court of Appeals · 1888
- Tillman v. . DavisNew York Court of Appeals · 1884
3Cited by10 opinions
- Mahar v. . Harrington Park Villa SitesNew York Court of Appeals · 1912
- Pollak v. Danbury Manufacturing Co.Supreme Court of Connecticut · 1925
- Eagle v. New York Life InsuranceIndiana Court of Appeals · 1910
- Patelunas v. PatelunasAppellate Division of the Supreme Court of the State of New York · 1988
- National Surety Corp. v. ValentinAppellate Division of the Supreme Court of the State of New York · 1982
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