Legal Opinion

Monroe v. Turner

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

Decided July 12, 1906PublishedCited by 2 opinions

Appeal by the plaintiff, Lucinda M. Monroe, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Oneida on the 19th day of July, 1904, upon the decision of the court, rendered after a trial at the Oneida Special Term, dismissing the complaint ujion the merits.

1Opinion of the Court

Spring, J.:

e The action is in equity, primarily to obtain an accounting of the estates of three decedents, Asaph, Joshua and Wesley Mather, and we will consider them chronologically.

Asaph Mather, a bachelor, died intestate in Utica April 8, 1880, leaving him surviving as his only next of 'kin two brothers, Joshua and Wesley, a sister, Lucinda M. Elliott, and three-children of Seeley B. Mather, a deceased half-brother of Asaph, and all these people were adults at this time.

Asaph and his brother Joshua, for some time before the death of the former, had been engaged as copartners in carrying on…

2Cases cited1 opinion

  1. Turner v. MatherAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by2 opinions

  1. In re the Estate of UravicNew York Surrogate's Court · 1932
  2. In re the Estate of TyrrellNew York Surrogate's Court · 1921

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