Miller v. Maujer
Appellate Division of the Supreme Court of the State of New York
Appeal, by the plaintiff, Mamie Miller, from an interlocutory judgment "of the Supreme Court in favor of the defendants, Margaret Maujer and another,, entered in the office of the clerk of the county of Kings on the 18th day of November, 1902, upon the . decision of the court, rendered after a trial at the Kings County Special Term, sustaining said defendants’ demurrers to the plaintiff’s complaint.
1Opinion of the Court
Woodward, J.: ' ■
This action is brought under the provisions of section 2653a of the Code of Civil Procedure to obtain a judgment declaring invalid the last will and testament of Susan S. Allen, deceased, which w.as duly admitted to probate by the surrogate of Kings county. The plaintiff is a niece' of the testatrix, and shows by her complaint- that she is not mentioned in the will as devisee, legatee of otherwise. The defendants demur to the complaint on the ground that it does not state facts sufficient tó constitute a cause of action, and these demurrers have been sustained, the plaintiff…
2Cases cited5 opinions
- People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
- Tillman v. . DavisNew York Court of Appeals · 1884
- Murdock v. . WardNew York Court of Appeals · 1876
- Robins v. . McClureNew York Court of Appeals · 1885
- Dewey v. GoodenoughNew York Supreme Court · 1865
3Cited by9 opinions
- State ex. rel. Jackson v. LeichtWisconsin Supreme Court · 1939
- In re the Estate BrantNew York Surrogate's Court · 1923
- In re the Probate of the Last Will & Testament of NelsonNew York Surrogate's Court · 1915
- Austin v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Irving v. ReesAppellate Division of the Supreme Court of the State of New York · 1911
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