Morris v. . Sickly
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 23, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to charge a general legacy on real estate of which the intestate died seized. The facts, so far as material, are stated in the opinion. The court erred in charging legacy to plaintiff on the land.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 23, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to charge a general legacy on real estate of which the intestate died seized. The facts, so far as material, are stated in the opinion. The court erred in charging legacy to plaintiff on the land. (Brill v. Wright, 112 N. Y. 129; Myers v. Eddy, 47 Barb. 263; Bevan v. Cooper, 72 N. Y. 517; Lupton v. Lupton, 2 Johns. Ch.…
1Opinion of the Court
Earl, Oh. J.
On the 14th day of April, 1873, Margaret M. Gray executed her will, in which, after providing that her lawful debts and funeral expenses should be paid, and a suitable tomb stone erected at her grave, she gave and bequeathed to her sister, Mary Morris, $1,800, and to her niece, Mary S. Gray, $200 ; and then she disposed of her residuary estate as follows:
“ All the rest and residue and remainder of my estate, both real and personal, of which I may die seized and possessed, I give, devise and bequeath unto my brother, Sylvester Gray, of Groveland, my nephew, Alfred G. Sickly, of…
2Cited by65 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1930
- Bird v. Wilmington Society of the Fine ArtsSupreme Court of Delaware · 1945
- In re the Estate of McCaffertyNew York Surrogate's Court · 1932
- In Re the Accounting of SickelsNew York Court of Appeals · 1938
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