Delmar v. Delmar
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action by Mary Delmar and another against Eliza Jane Delmar, individually and as executrix of the wijl of John Delmar, deceased. From a judgment for defendant, plaintiffs appeal.
1Opinion of the CourtJenks, J.
The heirs at law sue, under section 2653a of the Code of Civil Procedure, to have the probate of a will set aside, and to have the will declared null and void. The defendant, as legatee and devisee, and as executor, answered in general denial, that two years had intervened probate and the beginning of this action, and that, there was a defect of parties. She prayed for a dismissal of the complaint; for judgment that the writing was the will, and that all *960parties be enjoined as provided by the said section. The action came to -trial, and the minutes show that the plaintiff appeared, but…
2Cases cited7 opinions
- Dobie v. . ArmstrongNew York Court of Appeals · 1899
- Sentenis v. . LadewNew York Court of Appeals · 1893
- Equitable Life Assurance Society of United States v. CuylerNew York Court of Appeals · 1878
- Dobie v. ArmstrongAppellate Division of the Supreme Court of the State of New York · 1898
- Hanover Fire Insurance v. Germania Fire InsuranceNew York Court of Appeals · 1893
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