Hale
Hale v. Kennedy
Opinion
Lead Opinion
James, J.
Bridget O’Neill and Michael O’Neill, now deceased, were husband and wife. The husband died in January, 1913, leaving surviving him a widow, two sons, and two daughters. One of the daughters, Mary G. Kennedy, procured letters of administration to represent the estate of Michael O’Neill. The widow, Bridget O’Neill, held title to some real property, the same standing of record in her name, and she brought first an action against the administratrix of her husband’s estate for the purpose of having it determined that such property was her sole and separate estate. She succeeded in that action and obtained judgment. Subsequently she brought this action against Kennedy, administratrix, to secure a like judgment determining that she was the sole owner of six promissory notes secured by mortgages. She was successful in this action, and the administratrix of the husband’s estate has taken an appeal from an order denying her motion for a new trial. Pending the hearing on this appeal Bridget O’Neill died, and Kate Hale, another of the daughters, has been substituted plaintiff herein, she having been appointed administratrix of her mother’s estate. The subject of this action, as has already…