Legal Opinion

Greyston v. Clark

New York Supreme Court

Decided June 15, 1886PublishedCited by 2 opinions

Appeal from a judgment, rendered at the Albany Circuit in favor of plaintiff, construing Francis Connors’ will. Francis Connors died August 17, 1883, and was the owner of certain real estate in the city of Albany. He made a will August 9, 1883, which was duly probated, which provided: “First.

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Appeal from a judgment, rendered at the Albany Circuit in favor of plaintiff, construing Francis Connors’ will. Francis Connors died August 17, 1883, and was the owner of certain real estate in the city of Albany. He made a will August 9, 1883, which was duly probated, which provided: “First. After all my lawful debts are paid and discharged, I give, devise and bequeath all my real and personal property of every name, nature and description, and wherever situated, to my wife, Mary Connors, absolutely, to have and to hold the same for her own use and benefit forever, and with full power and…

1Opinion of the Court

Peckham, J.:

This action is brought to obtain a construction of the will of one Francis Connors, deceased. It is objected that the court has no jurisdiction to construe the will, because there is no personal estate which was not fully administered before the bringing of the action, and there is no trust relating to any real estate owned by the testator in his lifetime.

It appears, however, by the admission of the counsel for McElrone, who appeals from the judgment herein and seeks to have it reversed, that his client received personal property from the widow of the testator, which property once…

2Cases cited5 opinions

  1. Van Horne v. . CampbellNew York Court of Appeals · 1885
  2. Wager v. . WagerNew York Court of Appeals · 1882
  3. Campbell v. . BeaumontNew York Court of Appeals · 1883
  4. Flanagan v. FlanaganNew York Supreme Court · 1880
  5. G.R.F., Inc. v. Board of Assessors of NassauNew York Court of Appeals · 1977

3Cited by2 opinions

  1. Russett School District No. C-8 v. AskewSupreme Court of Oklahoma · 1943
  2. Spector v. PeteCalifornia Court of Appeal · 1958

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