New York Court of Appeals
In the Matter of the Accounting of May R. Kelly, as Executors of Peter A. Kelly, Deceased, Respondents. Mary…
March 6, 1941285 N.Y. 139
Summary
The Court held that the divorce decree's obligation to pay $100 per month was limited to the son’s four‑year undergraduate college course and therefore ceased after his graduation, and that the diamond ring remained the separate property of Mary C. Kelly, requiring the executors to account for it. The decision affirms the modified decree and remands for entry of the modified order. Justice Rippey dissented, arguing that the payment obligation should continue for as long as the son remained a student at any college.