Legal Opinion

Mulrein v. Smillie

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

Decided January 15, 1898PublishedCited by 4 opinions

Appeal by the defendants, Charles F. Smillie and another, as executors and trustees under the last will and testament of James Smillie, deceased, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 19th day of August, 1897, upon the-decision of the court, rendered after a trial at the Dutchess County Special Term, overruling the demurrer to the complaint interposed by said…

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Appeal by the defendants, Charles F. Smillie and another, as executors and trustees under the last will and testament of James Smillie, deceased, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 19th day of August, 1897, upon the-decision of the court, rendered after a trial at the Dutchess County Special Term, overruling the demurrer to the complaint interposed by said defendants, which demurrer was based upon the ground that the complaint did not state facts sufficient to constitute a cause of…

1Opinion of the Court

Willard Bartlett, J.:

The complaint -alleges that James Smillie, in his lifetime, was the owner of a certain house and lot known as No. 25 Garfield place in the city of Poughkeepsie; that the said James Smillie died, in 1885 leaving a last will and testament, in which the defendants were named as executors and trustees; that such will was duly admitted to probate and the defendants duly qualified as executors and trustees, and have continued to act as such down to the present time; that between July 12, 1895, and March 3, 1896, the plaintiff, at the request of the defendants rendered services…

2Cases cited2 opinions

  1. Ferrin v. . MyrickNew York Court of Appeals · 1869
  2. New v. . NicollNew York Court of Appeals · 1878

3Cited by4 opinions

  1. Moniot v. JacksonAppellate Terms of the Supreme Court of New York · 1903
  2. O'Brien v. JacksonAppellate Division of the Supreme Court of the State of New York · 1899
  3. Leavitt v. James F. Scholes Co.Appellate Division of the Supreme Court of the State of New York · 1911
  4. Man v. KatzAppellate Terms of the Supreme Court of New York · 1903

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