Baldwin v. . Rice
New York Court of Appeals
Cboss-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 3, 1905, modifying and affirming as modified a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term by striking therefrom the words “on the merits.” The defendants appeal from the modification, and to this extent only there are cross-appeals.
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Cboss-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 3, 1905, modifying and affirming as modified a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term by striking therefrom the words “on the merits.” The defendants appeal from the modification, and to this extent only there are cross-appeals. This action was- brought by .the plaintiffs claiming, by appointment of the surrogate of the county of Mew York, to be administrators with the will annexed of Elizabeth…
1Opinion of the CourtBartlett, J.
After proceedings in the Surrogate’s Court of the county of New York, the validity and effect of which are involved in this action, letters of administration with the will annexed were issued to the present plaintiffs by the Surrogate’s Court of New York county on January 30th, 1903. This action was begun February 3rd, 1903. Thereafter, and pursuant to the provisions of the compromise agreement, the case of Rice v. Holt in the Circuit Court of the United States for the Southern District of Texas and hereinbefore referred to, proceeded to judgment adverse to Holt.
The defendants interposed two…
2Cited by16 opinions
- In Re the Probate of the Will of ConnellNew York Court of Appeals · 1917
- In Re the Estate of CornellNew York Court of Appeals · 1935
- In re the Estate of WorchNew York Surrogate's Court · 1925
- In re the Estate of WoodworthNew York Surrogate's Court · 1937
- In re the Estate of Van BokkelenNew York Surrogate's Court · 1935
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