Matter of Adams v. . Supervisors
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 20, 1897, which reversed an order of the County Court of Monroe county in a special proceeding. The nature of the proceeding and the facts, so far as material, are stated in the opinion. In a proceeding of this kind the petitioner must allege and prove affirmatively every fact which entitles him to the relief prayed for.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 20, 1897, which reversed an order of the County Court of Monroe county in a special proceeding. The nature of the proceeding and the facts, so far as material, are stated in the opinion. In a proceeding of this kind the petitioner must allege and prove affirmatively every fact which entitles him to the relief prayed for. (Tingue v. Vil. of Port Chester, 101 N. Y. 294; Sweeney v. Warren, 127 N. Y. 426; Quin v. Skinner, 49 Barb. 128; Lovett v. Kingsland, 44 Barb. 560; 35 N. Y.…
1Opinion of the CourtO’Brien, J.
The petitioner in the above proceeding is the executor of the will of Lydia M. Wilcox, who died in the year 1890. A part of the property disposed of by the will consisted of a farm of one hundred and thirty-one acres. There was no specific devise of the farm, but the testatrix gave various pecuniary legacies to her children, amounting in the aggregate to about $12,000. She then devised and bequeathed the residue and remainder of her estate, real and personal, to her eight children by name, to be equally divided between them, but the residuary share of one of them was in trust to the executors…
2Cases cited1 opinion
- Matter of B.M.G.L. Co.New York Court of Appeals · 1894
3Cited by17 opinions
- In re CooganNew York Supreme Court · 1899
- Stewart Law & Collection Co. v. County of AlamedaCalifornia Supreme Court · 1904
- Pacific Coast Co. v. WellsCalifornia Supreme Court · 1901
- Matter of McCue v. . SupervisorsNew York Court of Appeals · 1900
- People ex rel. Eckerson v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1908
12 more not listed; retrieve them via the Exa API.