Legal Opinion

Williams v. . Alt

New York Court of Appeals

Decided April 29, 1919PublishedCited by 40 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 7, 1919, which affirmed a determination of the Appellate Term affirming an intermediate order of the Municipal Court of the city of New York opening the default of the defendant and a final order of said court dismissing the petition of the plaintiffs in summary proceedings to recover possession of real property.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 7, 1919, which affirmed a determination of the Appellate Term affirming an intermediate order of the Municipal Court of the city of New York opening the default of the defendant and a final order of said court dismissing the petition of the plaintiffs in summary proceedings to recover possession of real property. The facts, so far as material, are stated in the opinion.

1Opinion of the CourtChase, J.

Thomas Mook died in 1885 leaving a will which was duly admitted to probate. He provided therein as follows:

“Fifth. I give and devise to my son Henry R. Mook and his wife during their joint fives my house and lot Number 299 Third Avenue in the city of New York being about 18 feet 6 inches wide by 97 feet deep, upon the same terms and conditions and with the same powers to the executors as are mentioned in the second clause of this will in reference to said house and lot No. 305 Third Avenue. * *. The second clause of the will gives and devises to another son “ and his wife during their joint…

2Cases cited7 opinions

  1. Barson v. . MulliganNew York Court of Appeals · 1908
  2. Salter v. . DrowneNew York Court of Appeals · 1912
  3. Van Brunt v. . Van BruntNew York Court of Appeals · 1888
  4. Meeker v. . DraffenNew York Court of Appeals · 1911
  5. In re the Judicial Settlement of the Account of HarrisAppellate Division of the Supreme Court of the State of New York · 1912

2 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. In Re the Accounting of O'DonnellNew York Court of Appeals · 1925
  2. Morillo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1992
  3. In re the Estate of TuckNew York Surrogate's Court · 1937
  4. Stephen Estates, Inc. v. KaplanCity of New York Municipal Court · 1950
  5. B. J. Galligan & Co. v. P. S. M., Inc.City of New York Municipal Court · 1921

35 more not listed; retrieve them via the Exa API.

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