In Re the Will of Birdsell

New York Court of Appeals
In Re the Will of Birdsell, 72 N.E.2d 26 (N.Y. 1947)
296 N.Y. 840; 1947 N.Y. LEXIS 1622
Conway

In Re the Will of Birdsell

Opinion of the Court

Order affirmed, with costs to all parties appearing separately and filing briefs payable out of the estate. No opinion.

Concur: Loughban, Ch. J., Lewis, Thacheb and Fulo, JJ.

Dissenting Opinion

Conway, J.; Desmond and Dye, JJ.,

Taking no part: dissent on the ground that paragraph fifth of the will, which is clear and complete, plainly devises and bequeaths the residue to the appellant church under the circumstances existing at testatrix’ death.

Opinion of the Court

Order affirmed, with costs to all parties appearing separately and filing briefs payable out of the estate. No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, THACHER and FULD, JJ. Taking no part: CONWAY, J.; DESMOND and DYE, JJ., dissent on the ground that paragraph fifth of the will, which is clear and complete, plainly devises and bequeaths the residue to the appellant church under the circumstances existing at testatrix' death.

Reference

Full Case Name
In the Matter of the Will of Clara Birdsell, Deceased. Julia Wells, Respondent; Kingsboro Avenue Presbyterian Church of Gloversville, Appellant
Cited By
25 cases
Status
Published