Kelly v. Hoey
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah Curran Kelly, from so much of a .'judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 16th day of Hay, 1898, upon the decision of the court, rendered after a trial at the Kings County Special Term, as adjudges that the direction to the trustees named in the will of John McGrath, deceased, to divide the residue and remainder of the estate, after payment of certain legacies,…
Read the full summary
Appeal by the plaintiff, Sarah Curran Kelly, from so much of a .'judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 16th day of Hay, 1898, upon the decision of the court, rendered after a trial at the Kings County Special Term, as adjudges that the direction to the trustees named in the will of John McGrath, deceased, to divide the residue and remainder of the estate, after payment of certain legacies, to or among any poor family or families or any charitable organization or organizations in the city of Brooklyn which…
1Opinion of the Court
Goodrich, P. J.:
•The plaintiff is the sole heir at law and next of kin of John McGrath, who died in Brooklyn on March 6, 1896, leaving a will •which was duly admitted to probate in the county of Kings on June ¡8, 1896. She brings this action, claiming that the residuary clause ■of said will is void and that she is entitled to all the real and personal estate of the testator not effectually disposed of by the will and practically asking for a construction of the will. The court held that the provisions of the will to which this appeal specifically relates were valid, and from the judgment…
2Cases cited2 opinions
- Robert v. . CorningNew York Court of Appeals · 1882
- Fraser v. Trustees of General Assembly of United Presbyterian Church of North AmericaNew York Court of Appeals · 1891
3Cited by6 opinions
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
- Utica Trust & Deposit Co. v. ThomsonNew York Supreme Court · 1914
- Brooklyn Trust Co. v. KernanNew York Supreme Court · 1919
- Manley v. FiskeNew York Supreme Court · 1910
- In re the Probate of the Last Will & Testament of FitzsimmonsNew York Surrogate's Court · 1899
1 more not listed; retrieve them via the Exa API.