Beetson v. . Stoops
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered ¡November 24,1905, affirming a judgment in favor of defendant entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered ¡November 24,1905, affirming a judgment in favor of defendant entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The doctrine of election does not ajjply to the facts of this case, because it appears that Andrew Moll, at the time of the execution of the will in question, had a then present interest of his own in the premises, to which, under our law, his…
1Opinion of the CourtChase, J.
Andrew Moll and Kathrina Moll were husband and wife and resided in the city of Mew York. They had one child, their only heir at law, who died leaving two children, the'plaintiff and the defendant Stoops, then small girls, who after the death of their father resided with their grandparents, the said Andrew and Kathrina Moll. Andrew Moll was the owner in fee simple absolute of the real property at 177 Seventh avenue in the city of Mew York, and Kathrina Moll was the owner in fee simple absolute of the real property at 267 West 22nd street in the city of Mew York. On the 28th day of June, 1887,…
2Cases cited13 opinions
- Peters v. BainSupreme Court of the United States · 1890
- Chipman v. . MontgomeryNew York Court of Appeals · 1875
- Havens v. . Sackett and HavensNew York Court of Appeals · 1857
- Huhlein v. HuhleinCourt of Appeals of Kentucky · 1888
- Moore v. BakerIndiana Court of Appeals · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Oliver v. WellsNew York Court of Appeals · 1930
- Tolley v. PoteetWest Virginia Supreme Court · 1907
- Wood v. Conqueror Trust Co.Supreme Court of Missouri · 1915
- In re the Estate of MahlstedtNew York Surrogate's Court · 1931
- Gibson v. GibsonCourt of Appeals for the D.C. Circuit · 1923
21 more not listed; retrieve them via the Exa API.