McCorn v. McCorn
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiff, entered upon tbe report of a referee. Tbe action was brought by tbe plaintiff to recover a legacy given to her by tbe will of her deceased husband, and to have the same adjudged to be a charge upon and payable out of tbe real estate left by the deceased.
1Opinion of the Court
Boardman, J.:
Tbe will of Moses McOorn, senior, gave $1,000 and some specific articles of personal property to the plaintiff. In tbe third clause $100 was given to bis son Moses. Tbe fourth and last clause reads as follows:
“ Fourthly. I devise that tbe rest of tbe property shall be divided equally between Mr. Moses McOorn, Jr., and Mr. John McOorn, and Mrs. Eliza Tompkins and Mrs. Mary Jane Alexander.”
*172Is the gift of $1,000 to plaintiff 'a charge upon the real estate as claimed by her ? The will was made on the day before the death of the testator. He had no personal property, certainly not…
2Cases cited7 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- Hoyt v. . HoytNew York Court of Appeals · 1881
- Taylor v. . DoddNew York Court of Appeals · 1874
- Reynolds v. . Reynolds' ExecutorsNew York Court of Appeals · 1857
- Myers v. EddyNew York Supreme Court · 1866
2 more not listed; retrieve them via the Exa API.