Kalish v. . Kalish
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 22, 1899, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. This action was brought to test the validity of certain provisions of the last will and testament of Joseph ICalish, deceased, and to have certain trusts therein created declared void.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 22, 1899, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. This action was brought to test the validity of certain provisions of the last will and testament of Joseph ICalish, deceased, and to have certain trusts therein created declared void. Jurisdiction to determine the validity of a trust as to real property contained in a will at the instance of the heir even when claiming in hostility to the…
1Opinion of the CourtWerner, J.
The plaintiff asserts’the invalidity of all the provisions of the will herein, except those which relate to the widow’s life estate and to the process of administration. The defendants primarily defend the will as a whole, and secondarily upon the theory that if any of its provisions are void these can be eliminated without destroying the testamentary scheme or creating partial intestacy. The complaint was dismissed at Special Term, and this ruling was affirmed by the Appellate Division upon the ground that plaintiff’s claim presents a purely legal question, which has no place in a court of…
2Cases cited7 opinions
- Read v. . WilliamsNew York Court of Appeals · 1891
- Anderson v. . AndersonNew York Court of Appeals · 1889
- Henderson v. . HendersonNew York Court of Appeals · 1889
- Harrison v. . HarrisonNew York Court of Appeals · 1867
- Tiers v. . TiersNew York Court of Appeals · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by112 opinions
- Carrier v. . CarrierNew York Court of Appeals · 1919
- Matter of DurandNew York Court of Appeals · 1928
- Oliver v. WellsNew York Court of Appeals · 1930
- In re HornidgeNew York Surrogate's Court · 1929
- In Re the Estate of ColegroveNew York Court of Appeals · 1917
107 more not listed; retrieve them via the Exa API.