Thomas v. Thomas
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Franklin C. Thomas, from an interlocutory judgment of the Supreme Court in favor of the defendant, Dora M. Thomas, individually and as executrix, etc¡,. of Samuel A. Thomas, deceaséd, entered in the office of the clerk of the county of New York on the 14th day of October, 1895, upon the decision of the court rendered after a trial at the New York Special Term sustaining the said defendant’s demurrer, to the plaintiff’s complaint, and also from an…
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Appeal by the plaintiff, Franklin C. Thomas, from an interlocutory judgment of the Supreme Court in favor of the defendant, Dora M. Thomas, individually and as executrix, etc¡,. of Samuel A. Thomas, deceaséd, entered in the office of the clerk of the county of New York on the 14th day of October, 1895, upon the decision of the court rendered after a trial at the New York Special Term sustaining the said defendant’s demurrer, to the plaintiff’s complaint, and also from an order entered in said clerk’s office on the 9th .day of October, 1895, upon which said judgment was entered.'
1Opinion of the Court
Patterson, J.:
The justice at Special Term sustained a demurrer to the complaint in this action, which was brought to avoid two deeds and to set aside the probate of a will. It was held that two causes of action- were improperly United; but it is distinctly alleged in the complaint that both the deeds and the will were obtained by undue influence, and in furtherance of a "design to secure to the defendant, Dora M. Thomas, the property of the plaintiff’s father, and in effect to induce him to disinherit his children. Upon the allegations of the complaint there is but a single scheme set forth,…
2Cases cited1 opinion
- Anderson v. . AndersonNew York Court of Appeals · 1889
3Cited by5 opinions
- In re the Estate of TankelowitzNew York Surrogate's Court · 1937
- Bliss v. WintersAppellate Division of the Supreme Court of the State of New York · 1899
- Ocobock v. EelesAppellate Division of the Supreme Court of the State of New York · 1899
- Curran v. HoseyAppellate Division of the Supreme Court of the State of New York · 1912
- Bliss v. WintersAppellate Division of the Supreme Court of the State of New York · 1899