General
Lawrence C. Hafner et al., as Executory of and Trustees under the Will of Francis McCabe, Deceased, Respondents, v. Rosana C. Hafner et al., Respondents, and Francis McCabe et al., Respondents and Appellants, and Thomas F. Brandon, Individually and as Administrator of Francis McCabe Brandon, Deceased, Appellant and Respondent
171 N.Y. 633·New York Court of Appeals·1902·NY
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Opinion
Lawrence C. Hafner et al., as Executory of and Trustees under the Will of Francis McCabe, Deceased, Respondents, v. Rosana C. Hafner et al., Respondents, and Francis McCabe et al., Respondents and Appellants, and Thomas F. Brandon, Individually and as Administrator of Francis McCabe Brandon, Deceased, Appellant and Respondent.
Hafner v. Hafner, 63 App. Div. 316, affirmed.
(Argued April 2, 1903;
decided April 18, 1902.)
Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 23, 1901, which modified and affirmed as modified a judgment construing the will of Francis McCabe, deceased, entered upon a decision of the court on trial at Special Term.
Howard C. Tracy for Thomas F. Brandon, appellant and respondent.
George Flint Warren, Jr., for Francis McCabe et al., respondents and appellants.
Robert A. B. Dayton for plaintiffs, respondents.
William H. Hirsh for Rosana C. Hafner, respondent.
[MAJORITY]
Judgment affirmed, with costs, on opinion below.
Concur: Parker, Ch. J., Gray, O’Brien, Haight, Martin and Vann, JJ. Not voting : Bartlett, J.