Wallace v. Wallace
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Jessie Wallace and others, from, a judgment of the Supreme Court, in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 9th day of October, 1912, upon the decision of the court after a trial at the Westchester Special Term dismissing the complaint in an action for specific performance.
1Opinion of the Court
Judgment affirmed, with costs, on opinion of Mr. Justice Mills at Special Term.
Burr, Thomas, Carr and Stapleton, JJ., concurred; Hirschberg, J., not voting.
The following is the opinion of Mr. Justice Mills:
Mills, J.:
Juliet Wallace died September 23, 1909, in the borough of Brooklyn, leaving her last will and testament, which was dated and had been executed on the 2d day of May, 1902. Such will was duly probated by the Surrogate’s Court of Kings county November 29, 1909, and letters testamentary thereon were, by that court, then duly issued to the defendant Howard G-urdon Wallace, who…
2Cases cited12 opinions
- Hurlburt v. . HurlburtNew York Court of Appeals · 1891
- McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
- In Re the Probate of the Will of CunnionNew York Court of Appeals · 1911
- Tousey v. . HastingsNew York Court of Appeals · 1909
- Taylor v. . HiggsNew York Court of Appeals · 1911
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3Cited by16 opinions
- Cox v. WilliamsonMontana Supreme Court · 1951
- In re the Judicial Settlement of the Account of Proceedings of LofmarkNew York Surrogate's Court · 1928
- In re the Judicial Settlement of the Intermediate Account of Proceedings of BrownNew York Surrogate's Court · 1927
- In re the Estate of HousmanAppellate Division of the Supreme Court of the State of New York · 1918
- In re the Estates of SchinasiNew York Surrogate's Court · 1931
11 more not listed; retrieve them via the Exa API.