Moses v. Moses
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Fannie Moses, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of September, 1915, overruling her demurrer to the first defense and the first, second and third -counterclaims contained in the amended answer of the respondents.
1Opinion of the Court
Clarke, J.:
This is an action to partition two pieces of real property situated, No. 1 at 318 East Houston street; No. 2 at 135 East Sixtieth street. The chain of title as set forth in the complaint begins with the will of Henry Moses, who died May 23, 1860, and whose will, executed June 18, 1858, was duly probated July 18, 1860. Henry Moses left him surviving his widow, Mary Moses, and his children, Moses H. Moses, Max Moses and Celia Herrman, his only next of kin and heirs at law.
By his will he gave to his widow, Mary Moses, the entire income of the estate, both real and personal, for the…
2Cited by3 opinions
- Ripp v. RippAppellate Division of the Supreme Court of the State of New York · 1971
- Rosanoff v. SkuraNew York Supreme Court · 1966
- Tenzer v. TuckerNew York Supreme Court · 1992