Legal Opinion

Havey v. Kelleher

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1899PublishedCited by 3 opinions

Appeal by the defendant, Honorah Kelleher, individually and as administratrix, etc.,' of Michael Kelleher, deceased, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 2d day of October, 1897, as amended by an order entered in said clerk’s office on the 13th day of ¡November, 1897, upon the report of a referee.

1Opinion of the Court

Goodrich, P. J.:

Michael Kelleher died intestate in February, 1869, leaving him surviving his widow, the defendant, and five children, one of whom is the plaintiff. The other four children, since the father’s death, ' died intestate and without issue. These were Bartholomew, who died in March, 1892;. Michael, who died in July, 1879 ; James, who died in August, 1881, and Sarah, who died in 1869.

At the time of his death Michael, the elder, was seized of two adjoining lots on the southwesterly side of Mechanic street, in the village of ¡New Rochelle, each about one hundred and thirteen by thirty…

2Cases cited4 opinions

  1. Scott v. . GuernseyNew York Court of Appeals · 1871
  2. Ford v. . KnappNew York Court of Appeals · 1886
  3. Cosgriff v. . FossNew York Court of Appeals · 1897
  4. Howell v. . MillsNew York Court of Appeals · 1874

3Cited by3 opinions

  1. Adams v. BristolAppellate Division of the Supreme Court of the State of New York · 1908
  2. In re the Estate of HazleyNew York Surrogate's Court · 1938
  3. Greenhaus v. StateAppellate Division of the Supreme Court of the State of New York · 1957

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