Donlon v. Kimball
Appellate Division of the Supreme Court of the State of New York
Appeal by the - plaintiff, Mary 0. Donlon, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 2d day of January, 1901, upon the decision of the court, rendered after a trial at the Monroe Special Term, sustaining á demurrér .to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Spring, J.:
This action. was commenced May 1Y, 1899, to establish a lost codicil to the will of William J. Kimball, deceased. The complaint, after setting forth the death of Kimball in 1895 while a resident of Monroe county, N. Y., and the admission to probate of his last will and testament dated October 19, 1889, alleges that he published a codicil to said will about November 1, 1892, which relates to personal estate “ by which he gave and bequeathed to plaintiff a legacy of one hundred thousand dollars, as by said codicil, a substantial copy of which is hereto annexed and marked Schedule c A…
2Cited by6 opinions
- In re SkinnerAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Judicial Settlement of the Accounts of St. JohnAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Estate of MeiselmanNew York Surrogate's Court · 1930
- In re the Estate of TracyNew York Surrogate's Court · 1932
- Estate of Johnson, Superior Court of California, County of San Francisco1903
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