Legal Opinion

Wright v. Wright

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

Decided November 15, 1910PublishedCited by 9 opinions

Appeal by the plaintiff, Emma Wright, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the cleric of the county of Steuben on the lltli day of November, 1909, upon the decision of the court, rendered after a trial at the Steuben Special Term, sustaining the defendants’ demurrer to the complaint on the ground that .it does not state facts sufficient to constitute a cause of action.

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Appeal by the plaintiff, Emma Wright, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the cleric of the county of Steuben on the lltli day of November, 1909, upon the decision of the court, rendered after a trial at the Steuben Special Term, sustaining the defendants’ demurrer to the complaint on the ground that .it does not state facts sufficient to constitute a cause of action. The action was commenced on the 9th day of September, 1908, to partition the real property described in the complaint, it being claimed that the plaintiff is…

1Opinion of the Court

MoLennan, P. J.:

The real property which is the subject of this action is situate in the town of Tuscarora, Steuben county, 1ST. Y., and was owned by one Nelson Wright at the time of his death, which occurred on the 30th day of December, 1890. He left him surviving his widow, Eliza Jane Wright, and eight children, among whom was a son, Albert E. Wright, who'died after the death of his father, and before the death of his mother, Eliza Jane Wright. The father, Nelson Wright, left a last will and testament, which was duly admitted to probate, and which provided, so far as it is important to note,…

2Cases cited3 opinions

  1. Connelly v. . O'BrienNew York Court of Appeals · 1901
  2. Patchen v. . PatchenNew York Court of Appeals · 1890
  3. Wright v. WrightNew York Supreme Court · 1909

3Cited by9 opinions

  1. Sommers v. DoersamOhio Supreme Court · 1926
  2. Williams v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1912
  3. Dombey v. RindsfoosOhio Court of Appeals · 1958
  4. In re the Estate of MeyerNew York Surrogate's Court · 1937
  5. Laws v. DavisOhio Court of Appeals · 1929

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