Converse v. Kellogg
New York Supreme Court
This action was brought by the administrator of Mary Ann Converse, a daughter of Daniel Kellogg deceased, against the executors, heirs at law and next of kin of Mr. Kellogg, for an accounting by the executors, and to recover the share of the plaintiff’s intestate of a large part of the estate alledged to have been undisposed of by the will of the testator.
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This action was brought by the administrator of Mary Ann Converse, a daughter of Daniel Kellogg deceased, against the executors, heirs at law and next of kin of Mr. Kellogg, for an accounting by the executors, and to recover the share of the plaintiff’s intestate of a large part of the estate alledged to have been undisposed of by the will of the testator. Mr. Kellogg died in 1836, leaving a large estate, real and personal, having first made his will, which, after sundry bequests to his wife, children, and others having claims upon his bounty, contained the following clause: “I give and…
1Opinion of the Court
By the Court, Allen, J.
One question made upon the argument, and to be determined, is whether the descendants of the children of the testator, who by the terms of the will were to share in the residuary portion of the estate, were the descendants of those children who should die before his death, or of those who should die at any time before the time appointed for the final division of the estate. For if the bequest is to the children who shall be living at the expiration of the ten years after the death of the widow of the testator, and the descendants of those who shall die before that time,…
2Cases cited11 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Coster v. LorillardCourt for the Trial of Impeachments and Correction of Errors · 1835
- Dingley v. DingleyMassachusetts Supreme Judicial Court · 1809
- Gott v. CookNew York Court of Chancery · 1839
- Irving v. De KayNew York Court of Chancery · 1842
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3Cited by25 opinions
- Livingston v. . GreeneNew York Court of Appeals · 1873
- Marston v. . SwettNew York Court of Appeals · 1876
- Fowler v. DuhmeIndiana Supreme Court · 1896
- Underwood v. . CurtisNew York Court of Appeals · 1891
- Bliven v. . SeymourNew York Court of Appeals · 1882
20 more not listed; retrieve them via the Exa API.