Onderdonk v. Mott
New York Supreme Court
THE complaint in this action. alleged that the plaintiff, Harriet C. Onderdonk, was an infant under the age of 21 years, and. that William H. Onderdonk had been duly appointed her guardian for the purposes of this action. That Eobert W. Mott, late of Queens county, now deceased, on the 6th day of August, in the year 1844, duly made and executed his last will and. testament, which was set out in the complaint at length.
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THE complaint in this action. alleged that the plaintiff, Harriet C. Onderdonk, was an infant under the age of 21 years, and. that William H. Onderdonk had been duly appointed her guardian for the purposes of this action. That Eobert W. Mott, late of Queens county, now deceased, on the 6th day of August, in the year 1844, duly made and executed his last will and. testament, which was set out in the complaint at length. By this will the testator, after giving several legacies and bequests to his relatives, devised as follows: “All the rest, residue and remainder of my property, with the…
1Opinion of the Court
By the Court, Emott, J.
We cannot avoid encountering at the threshold of this case, the difficulty which in the opinion of the judge who tried the cause, was fatal to the plaintiff's action. Before we can consider or determine what estate the infant plaintiff took under the will of Robert W. Mott, in the lands described in the complaint, we are to see whether we are not to say required, but authorized to pronounce a judgment deciding or affecting that question. The defendants object to the jurisdiction of the court to entertain such an action as the present, or rather object that it would not…
2Cases cited2 opinions
- Bowers v. SmithNew York Court of Chancery · 1843
- Ash v. ColemanNew York Supreme Court · 1857
3Cited by13 opinions
- Chipman v. . MontgomeryNew York Court of Appeals · 1875
- Harrison v. OwsleyIllinois Supreme Court · 1898
- Strubher v. BelseyIllinois Supreme Court · 1875
- Hoare v. AllenHawaii Supreme Court · 1901
- Bailey v. SouthwickNew York Supreme Court · 1872
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