Larkin v. McNamee — 188 N.Y. 558

Majority

p. 558

Patrick Larkin, Appellant, v. John McNamee, as Executor of Edward Gorman, Deceased, et al., Respondents, Impleaded with Others.

(Argued February 28, 1907;

decided March 15, 1907.)

Headnote

Larkin v. McNamee, 109 App. Div. 884 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 17, 1906, affirming a judgment in favor of the executor defendant entered upon a verdict directed by the court in an action under section 2653a of the Code of Civil Procedure to test the validity of the probate of the will of Edward Gorman, deceased.

John It. Kuhn for appellant.

p. 559

Herbert T. Keteham and Joseph K. Owens for John McNamee, as executor, respondent.

Walter G. Rooney for Margaret Burns, respondent.

Order affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Haigi-it, Werner and Hiscock, JJ. Not sitting: Willard Bartlett, J.

Cases cited

Larkin v. McNamee 109 App. Div. 884 N.Y. App. Div. 1905-12-29 p. 558