1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 29 A.D.2d
  5. 29 A.D.2d 325 (1968)
 

MATTER OF FITZGERALD

29 A.D.2d 325 (1968)

In the Matter of The Estate of Mary E. Fitzgerald, Deceased. Erica Brooks et al., Appellants; James P. Fitzgerald et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 8, 1968.

Attorney(s) appearing for the Case

Costello, Cooney & Fearon (Bruce B. Roswig of counsel), for Order Minor Conventuals, appellant.

Milton B. Knox for Erica Brooks, appellant.

Higgins, Roberts & Beyerl for executors, respondents.

Frankel & Frankel (Jacob M. Frankel and Henry Levine of counsel), for James P. Fitzgerald and others, respondents.

Henry Levine, special guardian for Colon Fitzgerald, an infant, respondent.

Tobin & O'Brien for Roman Catholic Diocese, respondent.

GIBSON, P. J., REYNOLDS and AULISI, JJ., concur in Per Curiam opinion; HERLIHY and GABRIELLI, JJ., dissent and vote to modify, in an opinion by HERLIHY, J.

Per Curiam.

Appeal is taken by Erica Brooks and by Order Minor Conventuals, two of the legatees under the will, from a decree of the Surrogate's Court of Schenectady County, which, in a proceeding for the judicial settlement of the executors' account, construed the will, settled the account and directed distribution.

The second paragraph of the holographic will, bequeathed "amt in Banks" to be divided between...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases