Wetmore v. . Wetmore
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made November 14,1899, reversing an order of Special Term, made at the foot of a judgment, granting defendant’s motion to permit him to share in the income of a trust fund created by the will of his father, permission to so apply having been granted by the Court of Appeals, and denying a motion to amend the judgment accordingly.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made November 14,1899, reversing an order of Special Term, made at the foot of a judgment, granting defendant’s motion to permit him to share in the income of a trust fund created by the will of his father, permission to so apply having been granted by the Court of Appeals, and denying a motion to amend the judgment accordingly. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The leave granted by the Court of Appeals to make this application was…
1Opinion of the CourtO’Brien, J.
The record in this case is the concluding part of the history of a long and bitter controversy between husband and wife. The appeal is from an order of the court below reversing an order of the Special Term, which modified the last judgment entered, with respect to the payment of alimony by the defendant to the plaintiff. In order to get a clear view of the questions involved, it will be necessary to recall briefly the history of the litigation.
In April, 1892, the plaintiff obtained an absolute divorce from the defendant, dissolving the marriage and awarding to her the custody of the three…
2Cases cited2 opinions
- Wetmore v. . WetmoreNew York Court of Appeals · 1896
- Wetmore v. WetmoreAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by21 opinions
- Livingston v. . LivingstonNew York Court of Appeals · 1903
- In Re the Estate of BrandrethNew York Court of Appeals · 1902
- Hartigan v. HartiganSupreme Court of Minnesota · 1919
- Wanamaker v. WanamakerNew York City Family Court · 1978
- Botkin v. BotkinSupreme Court of Minnesota · 1956
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