New York Court of Appeals, 1947

In Re the Will of Birdsell

In Re the Will of Birdsell
New York Court of Appeals · Decided January 17, 1947 · Conway
72 N.E.2d 26; 296 N.Y. 840; 1947 N.Y. LEXIS 1622 (North Eastern Reporter, Second Series)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.