Legal Opinion · Dissent

Stafford v. Washburn

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 1911Published

Appeal by the defendants, Mary R. Washburn and another, as executors, etc., and Mary R. Washburn, individually, from a judgment of the Supreme Court, in favor of the plaintiff and certain of the defendants, entered in the office of the.clerk of the county of New York on the 18th day of January, 1911, upon the decision of the court rendered after a trial at the New York Special Term.

1DissentLaughlin, J.

This is an. action for the construction of the will of Thomas W. McLeay, which was duly admitted to probate by the surrogate of the county of New York, as a will of real and personal property, on the 8th day of May, 1865, and upon which letters testamentary were duly issued to Emma Jane' McLeay, the widow of the testator and the executrix named in his will. The body of the will is as follows:

“In the Name of G-od, Amen.
“ I, Thomas W. McLeay of the City of New York, of the age of years and upwards and being ¡of sound mind and memory but aware of the uncertainty of life, do make, publish and…

2Cases cited6 opinions

  1. Seaward v. . DavisNew York Court of Appeals · 1910
  2. In Re the Judicial Settlement of the Accounts of McDougallNew York Court of Appeals · 1894
  3. Coleman v. . BeachNew York Court of Appeals · 1885
  4. In re the Judicial Settlement of the Account of Proceedings of HamlinAppellate Division of the Supreme Court of the State of New York · 1910
  5. Weinstein v. . WeberNew York Court of Appeals · 1904

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