Keeney v. Morse
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Burtis M. Keeney, from an interlocutory judgment oflhe Supreme Court in favor of the defendant Sophia Y. Morse, entered in the office of the clerk of the county of New York on the 12th day of March, 1901,upon the decision of the court rendered after a trial at the New York Special Term sustaining said defendant’s demurrer to the amended complaint upon the ground that it does not state facts sufficient to constitute a cause of action, and also from a…
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Appeal by the plaintiff, Burtis M. Keeney, from an interlocutory judgment oflhe Supreme Court in favor of the defendant Sophia Y. Morse, entered in the office of the clerk of the county of New York on the 12th day of March, 1901,upon the decision of the court rendered after a trial at the New York Special Term sustaining said defendant’s demurrer to the amended complaint upon the ground that it does not state facts sufficient to constitute a cause of action, and also from a final judgment of the Supreme Court in favor of the defendant Sophia Y. Morse, entered in the office of the clerk of the…
1Opinion of the Court
Ingraham, J.:
The plaintiff, a judgment creditor of the defendant Morse, commenced this action as a judgment creditor’s action to reach the. income of certain trust funds held by the defendant, the United States Trust Company, as trustee under the last will and testament of' Phoebe J. Cross, deceased. The complaint alleges the recovery of judgment against the defendant Morse and the return of an execution unsatisfied; that Phoebe J. Cross, the mother of the defendant, was a resident of the State of Rhode Island at the time of her death; that the defendant Morse is a beneficiary under the last…
2Cases cited2 opinions
- Cross v. United States Trust Co.New York Court of Appeals · 1892
- Williams v. . ThornNew York Court of Appeals · 1877
3Cited by7 opinions
- Erdheim v. MabeeNew York Court of Appeals · 1953
- In re the Estate of ShipmanNew York Surrogate's Court · 1942
- In re the Estate of VanneckNew York Surrogate's Court · 1936
- In re the Will of BergerNew York Surrogate's Court · 1944
- In re the Estate of McAuliffeNew York Surrogate's Court · 1938
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