New York Court of Appeals November 21, 1905 (Flynn v. . McDermott)

Bartlett, J.

This is an action against the estate of John McDermott, deceased, brought by the executor of the widow, Mary M. McDermott, to recover a legacy in her favor under her husband’s will. John McDermott died on the 18th of March, 1902, leaving a last will and testament which was executed on June 19th, 1900.

The third and fourth subdivisions of the will read as follows : “

Third.