Reid v. Curtin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Catharine Curtin, individually and as executrix, etc., of James F. Curtin, 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 Hew York on the 1st day of March, 1900, upon the decision of the court rendered after a trial at the Hew York Special Term overruling the demurrers interposed by the defendants Catharine Curtin and the defendants The Roman Catholic…
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Appeal by the defendant, Catharine Curtin, individually and as executrix, etc., of James F. Curtin, 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 Hew York on the 1st day of March, 1900, upon the decision of the court rendered after a trial at the Hew York Special Term overruling the demurrers interposed by the defendants Catharine Curtin and the defendants The Roman Catholic Orphan Asylum of the city of New York and James-Murphy to the complaint.
1Opinion of the Court
Patterson, J. :
From an interlocutory judgment overruling demurrers to the complaint the defendant Catharine Curtin appeals. The subject presented for consideration is the right of the plaintiff to maintain the action. He sues as heir at law and in hostility to the will of a testator and seeks an adjudication that the probate of that instrument is invalid. The'question is whether, under existing provisions of law, the right to sue was conferred upon him, for it is conceded that, without express statutory authority, the action will not lie. If that authority exists, it must be found in section…
2Cases cited3 opinions
- Lewis v. . CookNew York Court of Appeals · 1896
- Snow v. HamiltonNew York Supreme Court · 1895
- Wallace v. PayneAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Mock v. GarsonAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Probate of a Paper Purporting to be the Last Will & Testament of BrandAppellate Division of the Supreme Court of the State of New York · 1902
- Mock v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1903