Kurtz v. Wiechmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lina Kurtz, individually, and as administratrix, etc., of Frederick Wieehmann, deceased, and by Carl Frederick Wieehmann, from a judgment of the Supreme Court in favor of the defendants Kreutzer, entered in the office of the clerk of the county of Monroe on the 26th day of December, 1901, upon the decision of the court rendered after a trial at the Monroe Special Term.
1Opinion of the Court
Williams, J.:
The judgment appealed from should be reversed and a new trial ordered, with costs to the appellants to abide event.
The action was for the partition of real estate. The appellants •claim that they have interests in the property under the will of plaintiff’s testator, Frederick Wieehmann.
The respondents, the Kreutzers, claim they are the sole owners of the property under the will of Frederick Wieehmann and his widow, Mary Wieehmann.
Frederick Wieehmann died September 6, 1890, leaving a will and leaving a widow Mary. The widow was made executrix, the will was admitted to probate, the…
2Cases cited2 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Banzer v. . BanzerNew York Court of Appeals · 1898
3Cited by10 opinions
- In re the Probate of the Last Will & Testament of RandallNew York Surrogate's Court · 1912
- In re the Judicial Settlement of the Account of GriffinNew York Surrogate's Court · 1912
- In re the Construction of the Will of GioeNew York Surrogate's Court · 1953
- Reeves v. SnookAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Judicial Settlement of the Account of BuechnerNew York Surrogate's Court · 1918
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