Jones v. Thomas
Appellate Division of the Supreme Court of the State of New York
Appeal "by the defendants, Mary H. Bullock and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of-the clerk of the county of "Oneida on the 12th day of May, 1902, upon the report of a referee. The action as originally commenced was brought by Margaret H. Jones and Griffith Owen, individually and as executors of the last will and testament of Lydia J. Howell, deceased.
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Appeal "by the defendants, Mary H. Bullock and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of-the clerk of the county of "Oneida on the 12th day of May, 1902, upon the report of a referee. The action as originally commenced was brought by Margaret H. Jones and Griffith Owen, individually and as executors of the last will and testament of Lydia J. Howell, deceased. Griffith Owen having died during the pendency of the action, it was continued in the name of the surviving plaintiff.
1Opinion of the Court
Williams, J.:
The interlocutory judgment should be reversed and a new trial ordered, with costs to appellants to abide event.
The only question involved on the appeal is the question of admissibility of evidence under section 829 of the Code of Civil Procedure.
The action was brought to determine conflicting claims to a particular fund in the custody of the personal representatives of the estate of Lydia J. Howell, deceased.. Simon John died August 7,1847, leaving a will in which he gave and bequeathed all his real and personal property to his wife, Maria John, during her natural life, to be-at…
2Cases cited1 opinion
- Hobart v. . HobartNew York Court of Appeals · 1875
3Cited by3 opinions
- Hungerford v. SnowAppellate Division of the Supreme Court of the State of New York · 1909
- Jones v. ThomasAppellate Division of the Supreme Court of the State of New York · 1904
- Smaldone v. De VivoAppellate Division of the Supreme Court of the State of New York · 1951