Lawrence v. . Littlefield
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 12, 1915, which reversed an order of Special Term overruling a demurrer to the complaint and sustained such demurrer. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 12, 1915, which reversed an order of Special Term overruling a demurrer to the complaint and sustained such demurrer. The nature of the action and the facts, so far as material, are stated in the opinion. Where the will, as here, works an equitable conversion, the beneficiary will take in the same manner as though the conversion had been effected at the time of the death of the testator. (Kane v. Gott, 24 Wend. 641; Fisher v. Banta, 66 N. Y. 468; Lent v. Howard,…
1Opinion of the CourtHiscock, J.
The complaint, which, under the decision of the Appellate Division, has been successfully attacked by demurrer as not stating a cause of action, alleges, amongst others, the following facts:
Mary G. Pinkney died in 1908. She left her surviving as her only heirs at law and next of kin ■ a nephew, Thomas L. Watt, and two nieces, the defendant Grace Watt Thomas and the plaintiff, formerly Julia Morris. She also left a will which was duly admitted to probate and which, after making certain specific bequests which have been paid or have lapsed, contained the following material provisions:
“Eighth. I…
2Cases cited19 opinions
- Williamson v. WilliamsonNew York Court of Chancery · 1837
- Wager v. . WagerNew York Court of Appeals · 1882
- Hood v. . HoodNew York Court of Appeals · 1881
- Anderson v. . AndersonNew York Court of Appeals · 1889
- Delafield v. . BarlowNew York Court of Appeals · 1887
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3Cited by84 opinions
- In Re the Accounting of BarkerNew York Court of Appeals · 1921
- In Re the Accounting of Brooklyn Trust Co.New York Court of Appeals · 1932
- Furniss v. . CruikshankNew York Court of Appeals · 1921
- Spencer v. . SpencerNew York Court of Appeals · 1916
- In re the Judicial Settlement of the Account of Proceedings HardenAppellate Division of the Supreme Court of the State of New York · 1917
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