Clark v. Halligan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John J. Halligan, individually and as executor and trustee, etc., and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Eensselaer on the 16th day of December, 1912, upon the decision of the court, certain questions having been submitted to the jury upon a trial before the court and jury at the Eensselaer Trial Term.
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Appeal by the defendants, John J. Halligan, individually and as executor and trustee, etc., and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Eensselaer on the 16th day of December, 1912, upon the decision of the court, certain questions having been submitted to the jury upon a trial before the court and jury at the Eensselaer Trial Term. The judgment decrees that certain legacies in the will of Catherine Clark, deceased, constitute a lien upon the real estate of which she died seized' and directed their payment.
1Opinion of the Court
Smith, P. J.:
Catherine Clark died in March, 1905. In December, 1904, she made a will by which she named the defendant John J. Halligan as executor, and gave to him $2,300 in trust for the following purposes:
“ The purchase and erection of a monument in the family burial plot in St. Peter’s Eoman Catholic Cemetery in the City of Troy, N. Y., the sum of not to excéed one thousand dollars ($1,000).
“ Second. For the purchase and erection of a monument in the burial plot in which my brother, Matthew Clark, is interred in St. Mary’s Eoman Catholic' Cemetery in the City of Troy, N. Y., the sum of not…
2Cases cited2 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- In re the Judicial Settlement of the Accounts of TaberAppellate Division of the Supreme Court of the State of New York · 1909