Kahn v. Tierney — 201 N.Y. 516

Majority

p. 516

Elias Kahn et al., Appellants, v. Michael J. Tierney, as Executor of Joseph L. Heyman, Deceased, et al., Respondents.

Headnote

Kahn v. Tierney, 135 App. Div. 897 , affirmed.

(Argued January 19, 1911;

decided February 7, 1911.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 26, 1910, which reversed a judgment in favor of plaintiffs entered upon a dismissal of the complaint by the court on trial at Special Term, and directed a dismissal of the complaint in an action to have adjudged void the third clause of the will of Joseph L. Heyman, deceased.

Richard Ely for appellants.

John F. Coffin, John J. Crenncm and Richard Mott Cahoone for respondents.

Judgment affirmed, with costs, payable out of estate, to respondents severally appearing in this court and filing briefs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Werner, Willard Bartlett, Chase and Collin, JJ.