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McGrath v. McGrath

141 N.Y.S. 1130 Court N.Y. App. Div. Decision date 1913-05-16 English

Contents

Majority

p. 1130
McGRATH v. McGRATH et al.
(Supreme Court, Appellate Division', Second Department.
May 16, 1913.)

Headnote

Action by Francis G. McGrath against Michael J. McGrath and others.

Interlocutory judgment of the County Court of Kings County modified, by striking therefrom the provision thereof which charges against the shares of Margaret, Elizabeth, Robert, and John J. Becker the amount of moneys advanced by the trustees to Annie M. Becker, deceased, and, as so modified, affirmed without costs. The undivided interests in the real property in question held by defendants Becker were not acquired by them through representation of Annie M. Becker, but under direct devise in the ninth clause of the will of Margaret McGrath, deceased, and therefore their said interests are not chargeable with any advances made to said Annie M. Becker.