Wood v. Fagan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John H. Wood, an infant, etc., and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Washington on the 12th day of November, 1907, upon the decision of the court rendered after a trial at the Clinton Special Term sustaining the defendants’ demurrers to the amended complaint and dismissing the said complaint upon the merits, and also (as stated in the notice of appeal) from…
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Appeal by the plaintiffs, John H. Wood, an infant, etc., and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Washington on the 12th day of November, 1907, upon the decision of the court rendered after a trial at the Clinton Special Term sustaining the defendants’ demurrers to the amended complaint and dismissing the said complaint upon the merits, and also (as stated in the notice of appeal) from an order entered in said clerk’s office on the 6tli day of November, 1907, directing the entry of the judgment appealed…
1Opinion of the Court
Chester, J.:
The action is for the purpose of determining the invalidity of the probate of the will and codicil of Amelia Griffin Wood. It was commenced by the husband of such testatrix and by one of her sisters as plaintiffs. In the complaint it is alleged that Amelia Griffin Wood died on the 27th day of July, 1905, leaving papers purporting to be her last will and codicil, and leaving surviving her husband, John II. Wood, and her sister, Lizzie M. Eason, the plaintiffs, and the defendants Lillian Hay Fagan, her sister, Nelson G. *582Fagan and Robert G-. Fagan; her nephews, and May C. Fagan, her…
2Cases cited3 opinions
- Foot v. BronsonNew York Supreme Court · 1871
- Snow v. HamiltonNew York Supreme Court · 1895
- Gray v. RothschildNew York Supreme Court · 1888
3Cited by2 opinions
- Wallace v. BouvierAppellate Division of the Supreme Court of the State of New York · 1910
- Early v. NashAppellate Division of the Supreme Court of the State of New York · 1910