Moser v. Talman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles A. Runk, individually and as executor, etc., of William G. Taiman; deceased, and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 5th day of May, 1905, upon the decision of the court rendered after a trial at the Kings County Special Term overruling the said defendants’ demurrers to the complaint.
1Opinion of the Court
Jenks, J.:
This action is by certain, of the alleged heirs and next of kin against executors and other alleged heirs and next of kin based on the contention that the will violates chapter 360 of the Laws of 1860, in that at the time of his death the testator had a wife then living, and that at his death he did bequeath and devise more than one-lialf of his estate to charitable corporations. The plaintiff complains that the testator died seized and possessed of certain real and personal property situated within this State. The testator, after two specific legacies, gave, devised and bequeathed…
2Cases cited10 opinions
- Railroad Companies v. SchutteSupreme Court of the United States · 1881
- Kalish v. . KalishNew York Court of Appeals · 1901
- Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
- Read v. . WilliamsNew York Court of Appeals · 1891
- Henriques v. Yale UniversityAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by1 opinion
- Tuthill v. DebovoiseAppellate Division of the Supreme Court of the State of New York · 1914