Jones v. Leonard
New York Supreme Court
Appeal'from special term, Kings county. Action by Daniel S. Jones against Edward J. Newell, as administrator with the will annexed of Bridget Callahan, deceased, and Annie Leonard, as administratrix of Patrick D. Callahan, deceased, and others, to compel payment of a judgment held by plaintiff out • of the property left by Bridget Callahan, deceased. 'From a judgment which determined that defendants Annie Leonard and others were not entitled to any interest in the estate…
Read the full summary
Appeal'from special term, Kings county. Action by Daniel S. Jones against Edward J. Newell, as administrator with the will annexed of Bridget Callahan, deceased, and Annie Leonard, as administratrix of Patrick D. Callahan, deceased, and others, to compel payment of a judgment held by plaintiff out • of the property left by Bridget Callahan, deceased. 'From a judgment which determined that defendants Annie Leonard and others were not entitled to any interest in the estate left by Bridget Callahan, deceased, and dismissing their claim against the estate, they appeal. Affirmed.
1Opinion of the CourtPratt, J.
The appellants contend, upon the authority of Floyd v. Fitcher, 38 Barb. 409, and other cases, that the bequest of personal property to Callahan, with a limitation over to his daughter, vested in him the whole estate, and that the limitation over was void for repugnancy. However this may have been had the bequest been to him primarily for his own benefit, and without the sugges*907tion of a trust, it is not necessary to determine, for the bequest is made to Callahan, “in trust, however, and for the benefit” of the daughter. Appellant’s counsel argue with great ingenuity that the permission given…
2Cases cited1 opinion
- Floyd v. Fitcher & CaseNew York Supreme Court · 1862