Manley v. Fiske
Appellate Division of the Supreme Court of the State of New York
Appeals by the plaintiff, Isabella M. Manley and by the defendants Maria Louisa Overman and another, from so-much of a judgment of the Supreme Court in favor of the defendants, entered.in the office of the clerk of the county of Hew York on the 28th day of March, 1910, upon the decision of the court, rendered after a trial at the Hew York Special Term, as upholds the validity of a charitable bequest contained in the will of Henry Howard Paul.
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Appeals by the plaintiff, Isabella M. Manley and by the defendants Maria Louisa Overman and another, from so-much of a judgment of the Supreme Court in favor of the defendants, entered.in the office of the clerk of the county of Hew York on the 28th day of March, 1910, upon the decision of the court, rendered after a trial at the Hew York Special Term, as upholds the validity of a charitable bequest contained in the will of Henry Howard Paul. The opinion of the Special Term is reported in Manley v. Fiske (66 Mise. Bep. 388).
1Opinion of the Court
Miller, J.:
' Henry Howard Paul, an American citizen, domiciled in England died on the 9th of December, 1905, leaving personal property in Great Britain and in the State of Hew York. He disposed of the property in Great Britain by what he denominated his English will, which, with the codicil thereto, has been proved in England. He disposed of his property in the State of Hew York, consisting of money on deposit with the Union Trust Company of the city of Hew York, by what lie .denominated an American will, which has been admitted to probate by the surrogate of Hew York county, and letters…
2Cases cited4 opinions
- In Re the Probate of the Will ShattuckNew York Court of Appeals · 1908
- Fralick v. LyfordAppellate Division of the Supreme Court of the State of New York · 1905
- Bowman v. Domestic & Foreign Missionary Society of the Protestant Episcopal Church in the United StatesNew York Court of Appeals · 1905
- Fralick v. . LyfordNew York Court of Appeals · 1907
3Cited by35 opinions
- In Re the Probate of the Will of MacDowellNew York Court of Appeals · 1916
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
- In Re the Accounting of ClaytonNew York Court of Appeals · 1927
- In re the Estate of WinburnNew York Surrogate's Court · 1931
- Ely v. ElyAppellate Division of the Supreme Court of the State of New York · 1914
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