Hyperlawhypertext legal database Faure v. American Society for Prevention of Cruelty to Animals 23 N.Y.S. 1141

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Faure v. American Society for Prevention of Cruelty to Animals

23 N.Y.S. 1141 Court N.Y. Gen. Term Decision date 1893-05-12 English

Contents

Majority

p. 1141
FAURE et al., Appellants, v. AMERICAN SOC. FOR PREVENTION OF CRUELTY TO ANIMALS, Respondent. SAME v. BERGH et al., Respondents.
(Supreme Court, General Term, First Department.
May 12, 1893.)

Headnote

Two actions: One by Catharine Faure and others, as heirs and next of kin of Catharine H. Radcliffe, against the American Society for the Prevention of Cruelty to Animals, to recover money paid over to defendant under an alleged void devise in Radcliffe’s will; and the other by the same plaintiffs against Edwin Bergh, Jr., and another, as executors of Radcliffe’s will, to recover moneys of the estate alleged to have been collected and converted to their own use by defendant.
Argued before VAN BRUNT, P. J., and FOLLETT and BARRETT, II.
W. T. Fox, for appellants.
Horace Russell, (Jabiah Holmes, Jr., of counsel,) for respondents

The judgment in each case, sustaining the demurrer and dismissal of the plaintiffs’ complaint, should be affirmed, with costs, the plaintiffs having appealed, and put the defendants to the labor and expense of preparing their points; but the orders granting extra allowances should be modified by reducing such allowances to $250 in each case.