Delabarre v. McAlpin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George S. HcAlpin, from' an inter-?, locutory j udgment of the Supreme Court in favor of the plaintiffs,, entered in the office of the clerk of the county of Hew York on the 18th day of February, 1902, upon the decision of the court, rendered after a trial at the Hew York Special Term, overruling a demurrer, to the complaint.
1Opinion of the Court
Ingraham, J.:
By this action the plaintiff seeks to transfer from the Surrogate’s Court to the Supreme Court the question as to which of two wills of a deceased person affecting personal property should be admitted to probate. The complaint alleges that on April 13, 1897,- one Sarah G. Nafew, then being of sound and disposing mind, duly executed a last will and testament by which she gave all her property to the plaintiffs, a copy of which is thereto annexed; that by the will of one Emma J. Schley, the said Sarah G. Nafew became entitled to a legacy of $30,000, less the cost of administration,…
2Cases cited2 opinions
- Anderson v. . AndersonNew York Court of Appeals · 1889
- Wallace v. PayneAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Velsor v. FreemanNew York Supreme Court · 1922
- Buck v. Kelly, New York County Courts1919
- Sherwood v. SherwoodNew York Supreme Court · 1914