Legal Opinion

Fisk v. Holding

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1914PublishedCited by 5 opinions

Appeal by the defendant, Claude J. Holding, from, an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 19th day of June, 1913, upon the decision of the court after a trial at the Albany Special Term, and also from an order entered in said clerk’s office on the 18th day of July, 1913, denying appellant’s motion for a new trial made upon the minutes.

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Appeal by the defendant, Claude J. Holding, from, an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 19th day of June, 1913, upon the decision of the court after a trial at the Albany Special Term, and also from an order entered in said clerk’s office on the 18th day of July, 1913, denying appellant’s motion for a new trial made upon the minutes. Also an appeal by the defendant, Claude J. Holding, from a final judgment, entered in said clerk’s office on the 23d day of October, 1913, upon the decision of…

1Opinion of the Court

Smith, P. J.:

Appellant claims real property through a deed from Frank H. Fisk, Jr., who obtained his title through a deed from his father, Frank H. Fisk, now dead, dated June 28, 1910, and recorded in Albany county clerk’s office July 18, 1910. Plaintiff claims that upon the 28th of June, 1910, she was the wife of Frank H. Fisk, and not having joined in the deed to Frank H. Fisk, Jr., is now entitled to her dower interest in said property. In the evidence appears a certificate of marriage between the plaintiff and Frank H. Fisk, purported to be executed the 23d of October, 1908, in which…

2Cases cited2 opinions

  1. In re HinmanAppellate Division of the Supreme Court of the State of New York · 1911
  2. In re the Final Accounting of BlairAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by5 opinions

  1. In re the Final Judicial Settlement of the Account of Proceedings of SeymourNew York Surrogate's Court · 1920
  2. In Re the Estate of KellyNew York Court of Appeals · 1924
  3. Masocco v. SchaafAppellate Division of the Supreme Court of the State of New York · 1931
  4. In re BiersackNew York Surrogate's Court · 1916
  5. In re the Estate of RappoportNew York Surrogate's Court · 1954

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