Legal Opinion

Schlegel v. Roman Catholic Church of Most Holy Trinity

Appellate Division of the Supreme Court of the State of New York

Decided February 28, 1908PublishedCited by 6 opinions

Appeal by the plaintiff, Joseph' Sclilegel, from an order "of the Supreme Court, made at the Kings County Special Term-' and entered in the office of the cleric of the county of Kings on the 12th day of December, 1907, permitting the plaintiff to discontinue his action on the payment of the taxable costs and an additional allowance of seventy-five dollars, the appeal being from so much of the order as grants the additional allowance.

1Opinion of the Court

Woodwaed, J.:

The plaintiff brought am action, the purpose of which was to declare invalid certain devises to the defendant in the last will and testament of the late Adam Scldegel, it being alleged that the defendant received more than one-half of the estate of deceased, in violation of the provisions of chapter 360 of the Laws of 1860. The pleadings are not set forth in the record before us, but the action was apparently an ordinary action under the statute, involving no difficult questions of law. The defendant put in an answer, making a general denial of the cause of action set up by the…

2Cases cited4 opinions

  1. Matter of Petition of ButlerNew York Court of Appeals · 1886
  2. In Matter, Etc., Waverly Water-Works Co.New York Court of Appeals · 1881
  3. Standard T. Co. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1904
  4. Kilmer v. Evening Herald Co.Appellate Division of the Supreme Court of the State of New York · 1902

3Cited by6 opinions

  1. Creem v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1909
  2. Valentine v. ValentineAppellate Division of the Supreme Court of the State of New York · 1909
  3. Weber v. WardNew York Supreme Court · 1927
  4. Stubbert v. StubbertNew York Supreme Court · 1910
  5. Schlegel v. Roman Catholic Church of Most Holy TrinityAppellate Division of the Supreme Court of the State of New York · 1908

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