Legal Opinion

Koenig v. Wagener

Appellate Division of the Supreme Court of the State of New York

Decided June 12, 1908PublishedCited by 1 opinion

Appeal by the defendant, August P. Wagener, as surviving administrator, etc., from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of December, 1907, upon t'lie decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the amended complaint. °

1Opinion of the Court

Ingraham, J.:

The complaint alleges the death of Herman Koenig; that letters of administration were issued to Anna Koenig and the defendant upon his estate on the 25tli day of April, 1895 ; that said administrators duly qualified and entered upon the discharge of their duties and thereafter rendered an account of their proceedings as such administrators, and on the 5th day of June, 1900, a final decree was made settling the accounts and directing a distribution of the assets; that on the 19th day of March, 1904, a certified copy of said decree, with notice of entry thereof, was duly served…

2Cases cited1 opinion

  1. Smith v. BrittonNew York Supreme Court · 1873

3Cited by1 opinion

  1. Weijerman v. WeijermanNew York Court of Appeals · 1967

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