Irving v. Rees
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louise E. Irving, from an interlocutory judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of New York on the 8th day of May, 1911, upon the decision of the court rendered after a trial at the New York Special Term sustaining the said defendants’ demurrers to the amended complaint in an action brought under section 2653a of the Code of Civil Procedure.
1Opinion of the Court
Clarke, J.:
The complaint alleges that Emma C. Sands, a widow, died on the 29th of December, 1907, at Independence, Mo., leaving an estate consisting wholly of personal property, which was at the time of her death and still is situate in the city, county and State of New York; that, on the 26th of March, 1908, defendant Rees filed in the Surrogate’s Court' of New York county a written instrument purporting to be the last will and testament of said Emma 0.. Sands, bearing date November 7, 1895, and a codicil bearing date June 2, 1906, together with a' petition for probate; that on December 30,…
2Cases cited7 opinions
- In Re the Accounting of WilcoxNew York Court of Appeals · 1909
- Tillman v. . DavisNew York Court of Appeals · 1884
- Doane v. . Mercantile Trust Co.New York Court of Appeals · 1899
- Robins v. . McClureNew York Court of Appeals · 1885
- Hoes v. Van HoesenNew York Court of Chancery · 1846
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3Cited by5 opinions
- Mayweather v. WallaceSupreme Court of Oklahoma · 1945
- Prankard v. CooleyAppellate Division of the Supreme Court of the State of New York · 1911
- Naylor v. MealyCourt of Appeals for the D.C. Circuit · 1933
- Collins v. IsaacsAppellate Division of the Supreme Court of the State of New York · 1939
- Hackett v. StrumpfAppellate Division of the Supreme Court of the State of New York · 1913