Legal Opinion
Brandt v. Stowe
New York Supreme Court
Decided November 9, 1959PublishedCited by 7 opinions
1Opinion of the CourtBenjamin Brenner, J.
This is a partition action in which defendants move, pursuant to subdivisions 2 and 3 of rule 107 of the Buies of Civil Practice, to dismiss the complaint on the grounds that the plaintiffs have no legal capacity to sue and that there is another action pending between the same parties for the same cause.
The issue of legal capacity to sue presented here may be determined in construction of paragraphs “third” and ‘ ‘ tenth ’ ’ of the will, the basis for the action in partition. Paragraph “third” of the will devises two parts of the remainder of the estate to the defendant Lipson and one part…
2Cases cited10 opinions
- White v. . HowardNew York Court of Appeals · 1871
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- Cooke v. . PlattNew York Court of Appeals · 1885
- In re the Appointment of an Ancillary Successor Trustee under the Will of GoodNew York Court of Appeals · 1952
- Deegan v. DeeganAppellate Division of the Supreme Court of the State of New York · 1936
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3Cited by7 opinions
- Sherwin v. ArvesonWashington Supreme Court · 2007
- DiSanto v. Wellcraft Marine Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- In re Estate of FitzsimmonsSupreme Court of Vermont · 2013
- Zeglen v. ZeglenAppellate Division of the Supreme Court of the State of New York · 1989
- In re Estate of FitzsimmonsSupreme Court of Vermont · 2013
2 more not listed; retrieve them via the Exa API.