Abbey v. Wheeler
New York Supreme Court
Appeal from circuit court, New York county. Action by Frank B Abbey, an infant, by Theodore L. Frothing-ham, his guardian ad litem, against Jerome B. Wheeler and others. From an interlocutory judgment overruling a demurrer to the complaint (30 N. Y. Supp. 874), defendant Wheeler appeals. Beversed. The complaint alleges, in substance: That in 1884 one Charles F. Abbey died, leaving a will wherein, after directing the payment of his debts, he provided: “Second.
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Appeal from circuit court, New York county. Action by Frank B Abbey, an infant, by Theodore L. Frothing-ham, his guardian ad litem, against Jerome B. Wheeler and others. From an interlocutory judgment overruling a demurrer to the complaint (30 N. Y. Supp. 874), defendant Wheeler appeals. Beversed. The complaint alleges, in substance: That in 1884 one Charles F. Abbey died, leaving a will wherein, after directing the payment of his debts, he provided: “Second. The residue of my estate, real and personal, I direct to be carefully invested for the benefit of my boy Frankie, and such of the…
1Opinion of the CourtO’Brien, J.
In analyzing the complaint, it will be found difficult to determine the theory upon which the plaintiff predicates his right to recover, whether as tenant in common of the land, or as co-owner with the defendant Wheeler in a lease. The special term concluded that the suit was brought by plaintiff in his double character,—as cotenant of the land, and co-owner of the lease,—and that in this double capacity he could maintain the action for an accounting and a determination of the interests of the other persons who, in addition to himself, are named in the will of his father. There is in the…
2Cases cited1 opinion
- Post v. KimberlyCourt for the Trial of Impeachments and Correction of Errors · 1812
3Cited by5 opinions
- Pelkey v. PelkeyAppellate Division of the Supreme Court of the State of New York · 1932
- Putch v. Jacard Realty Co.New York Supreme Court · 1964
- Conger v. JudsonAppellate Division of the Supreme Court of the State of New York · 1902
- Rider v. PhillipsNew York Supreme Court · 1919
- Dolan v. CummingsAppellate Division of the Supreme Court of the State of New York · 1907