Trustees of the Sailors' Snug Harbor v. Carmody
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Oourt in the first judicial department, entered November 11, 1913, which reversed an interlocutory judgment of Special. Term sustaining a demurrer to the complaint and overruled said demurrer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Oourt in the first judicial department, entered November 11, 1913, which reversed an interlocutory judgment of Special. Term sustaining a demurrer to the complaint and overruled said demurrer. The following question was certified: “Does the complaint state facts sufficient to constitute a cause of action ? ” Whether the devise be regarded as originally valid under the law existing at the time of the testator’s death, or as validated by the statute of 1806, its unquestioned validity did not carry with it the result…
1Opinion of the CourtHogan, J.
The complaint in this action is voluminous, covering thirty-five pages of the record. A determination of the sufficiency of the same does not require an analysis of each paragraph, and reference will be made to the same only so far as necessary to outline the cause of action.
Bobert Bichard Bandall died in the city of Hew York on or about January 5th, 1801, leaving a last will and testament which was duly admitted to probate July 10th, 1801.
By the terms of the sixth clause of said will all of the rest, residue and remainder of the estate of the decedent, both real and personal, was devised and…
2Cases cited9 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Allen v. . StevensNew York Court of Appeals · 1899
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Holland v. . AlcockNew York Court of Appeals · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- In Re the Probate of the Will of MacDowellNew York Court of Appeals · 1916
- Emmons v. Southern Pac. Co.Oregon Supreme Court · 1920
- Alco Gravure, Inc. v. Knapp FoundationNew York Court of Appeals · 1985
- Holt v. College of Osteopathic Physicians & SurgeonsCalifornia Supreme Court · 1964
- In Re the Estate of WilsonNew York Court of Appeals · 1983
45 more not listed; retrieve them via the Exa API.