Bishop v. Bishop

This is a motion for judgment on the pleadings pursuant to the provisions of section 476 of the Civil Practice Act and rule 112 of the Rules of Civil Practice. The suit is brought for the partition of certain real property situated in the counties of Kings and New York. All of the plaintiffs and defendants have or claim an interest in the real estate of John Thomas Smith, sometimes known as Edward Smith, who died intestate in the borough of Manhattan in May, 1938. The intestate’s mother and her four brothers and four sisters had predeceased him. He was unmarried and his only surviving…