Hogan v. . Curtin
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made March 11, 1881, which affirmed a judgment entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made March 11, 1881, which affirmed a judgment entered upon a decision of the court on trial at Special Term. (Reported below, 15 J. & S., 250.) This action is brought by the plaintiff, ás administrator of Mary Ann Hogan, against the defendant, as administratrix, with the will annexed, of Daniel Curtin, deceased; to procure a judgment establishing the right of the plaintiff, as administrator, to a legacy' of $16,000,' given to Mary Ann Curtin, the intestate, by the will of her father,…
1Opinion of the Court
Andrews, Ch. J.
We do not deem it essential to determine the question which has been argued at the bar, whether the condition in abridgment of the legacy to the daughter, in case of her marriage without consent, is precedent or subsequent, as we are of opinion that, while in some cases this would be a controlling consideration, in this case the same result will follow either construction.. But we think the condition was subse quent. The gift to the daughter in the fourth clause is immediate, but the payment is postponed until she shall attain the age of twenty-one years, with a provision for…
2Cited by39 opinions
- Webster v. MorrisWisconsin Supreme Court · 1886
- In re the Judicial Settlement of the Account of Proceedings of ArrowsmithAppellate Division of the Supreme Court of the State of New York · 1914
- Girard Trust Co. v. SchmitzNew Jersey Superior Court Appellate Division · 1941
- In Re the Will of LibermanNew York Court of Appeals · 1939
- Rudd v. SearlesMassachusetts Supreme Judicial Court · 1928
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