Kane v. Astor's Executors
The Superior Court of New York City
The complaint of the plaintiff in this action, Louisa D. Kane, the wife of De Lancey Kane, one of the defendants, who sued by Alexander W. Bradford, as her next friend, alleged :—• That the plaintiff was a resident of the city and county of New York.
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The complaint of the plaintiff in this action, Louisa D. Kane, the wife of De Lancey Kane, one of the defendants, who sued by Alexander W. Bradford, as her next friend, alleged :—• That the plaintiff was a resident of the city and county of New York. That she was the grand-daughter of John Jacob Astor, deceased, being the daughter of his daughter Dorothea A. Langdon, by her marriage with Walter Langdon, late of the city of New York, deceased; that the said John Jacob Astor departed this life at the said city and county of New York on the 29th day of March, 1848 ; and that at the time of his…
1Opinion of the Court
By the Court.
Sandford, J.
The first position taken in the complaint is, that the devises and bequests made to Mrs. Kane, by her grandfather, in the will and five first codicils, are not in whole or in part revoked, altered or affected, by the sixth codicil; which, although it attempted to revoke those devises and bequests, is uncertain and insufficient for that purpose, and is otherwise wholly inoperative and void.
The sixth codicil unquestionably assumes to alter and revoke all the prior gifts made to Mrs. Kane and her issue, with, perhaps, some unimportant exceptions ; but it is plain the…
2Cited by6 opinions
- Byrnes v. . StilwellNew York Court of Appeals · 1886
- Estate of DominiciCalifornia Supreme Court · 1907
- Langdon v. AstorThe Superior Court of New York City · 1854
- Derby v. Derby OthersSupreme Court of Rhode Island · 1856
- Bonard's WillNew York Surrogate's Court · 1872
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