Upton v. Bernstein
New York Supreme Court
Appeal' from circuit court, New York county. Action by Georgiana Upton, against Abram N. Bernstein and others. From a judgment entered on a dismissal of the complaint, plaintiff appeals. Reversed.
1Opinion of the CourtO’Brien, J.
The plaintiff, as devisee of one tirescentia Mueller, brought this action to recover moneys received by defendants, who were real-estate agents employed by Mueller, in her lifetime, to collect rents of real property of which she died seised. To establish *1079her title, plaintiff called one of three subscribing witnesses to a paper which purported to be the will of Mueller, and which, it appeared, had been presented to the surrogate of Hew York county for probate, but not probated at the time of the trial of the action.^ This one witness testified to the drawing and execution and publication of…
Also in this document: Concurrence.
2Cases cited7 opinions
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Dan v. BrownNew York Supreme Court · 1825
- In Re the Probate of the Will of KelemanNew York Court of Appeals · 1891
- Jackson, ex dem. Kellogg v. VickoryNew York Supreme Court · 1828
- Jackson ex dem. Le Grange v. Le GrangeNew York Supreme Court · 1822
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re the Proceedings for Probate of the Last Will & Testament of BriggsAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Patrick v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1902
- United States v. WithersCourt of Appeals for the Second Circuit · 1904
- Cooley v. CooleyNew York Supreme Court · 1921
- In re the Contested Will of SarasohnNew York Surrogate's Court · 1905
1 more not listed; retrieve them via the Exa API.