Horton v. . Cantwell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 5, 1885, which modified as to costs and affirmed as modified, a judgment entered upon a decision of the court on trial at Special Term. This action was brought to obtain a judicial construction of the will of Adaline W. Horton, deceased, and a codicil thereto.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 5, 1885, which modified as to costs and affirmed as modified, a judgment entered upon a decision of the court on trial at Special Term. This action was brought to obtain a judicial construction of the will of Adaline W. Horton, deceased, and a codicil thereto. The testatrix died leaving plaintiff," her only child and heir-at-law, and her husband, Myron B. Horton, her surviving; he died before the commencement of this action. The testratrix died, seized of real estate…
1Opinion of the CourtPeckham, J.
The plaintiff claims the right to maintain this action, primarily, under the act, chapter 316, Laws of 1879, entitled “An act to amend chapter 238 of the Laws of 1853, entitled ‘An act relative to disputed wills.’ ” The act of 1879, we think has been repealed by implication by the passage of the Code of Civil Procedure, sections 1866, 1867. A careful perusal of both enactments must lead to the conclusion that the later act covers the subject of the earlier one and was plainly intended to furnish the law thereon. And by section 1867, the article in which section 1866 is contained, is made to…
2Cases cited4 opinions
- White v. . HowardNew York Court of Appeals · 1871
- Wager v. . WagerNew York Court of Appeals · 1882
- Heckmann v. . PinkneyNew York Court of Appeals · 1880
- Concklin v. . TaylorNew York Court of Appeals · 1877
3Cited by42 opinions
- In Re Proving the Will of MountNew York Court of Appeals · 1906
- Read v. . WilliamsNew York Court of Appeals · 1891
- Anderson v. . AndersonNew York Court of Appeals · 1889
- Story Ex Rel. Story v. First National Bank & Trust Co.Supreme Court of Florida · 1934
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
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