Moore v. . Hegeman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 8, 1882, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 27 Hun, 68.) The nature of the action and the material facts are stated in the opinion. Austin D. Moore, Jr., was at liberty to marry his former wife after the decree.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 8, 1882, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 27 Hun, 68.) The nature of the action and the material facts are stated in the opinion. Austin D. Moore, Jr., was at liberty to marry his former wife after the decree. (Van Voorhis v. Brintnall, 86 N. Y. 25.) The wife being the injured party, and the judgment being rendered in her favor, she could waive the benefit of it, except…
1Opinion of the CourtMiller, J.
This action was brought for the purpose of determining whether plaintiff is the lawful issue of Austin D. Moore, Jr., deceased, and as such is entitled to a share in the estate of his grandfather, the testator, now in the hands of the defendant, Joseph Hegeman, as executor of said estate.
The right of the plaintiff depends upon the validity of the mar riage entered into by his father and mother on the 17th day of November, 1877, at Jersey City in the State of New Jersey. Prior to that time and on the 21st of November, 1871, the plaintiff’s father was married to one Elizabeth Rowe, who, on the…
2Cases cited3 opinions
- Van Voorhis v. . BrintnallNew York Court of Appeals · 1881
- Thorp v. . ThorpNew York Court of Appeals · 1882
- Adams v. Van AlstyneNew York Court of Appeals · 1862
3Cited by45 opinions
- Starbuck v. . StarbuckNew York Court of Appeals · 1903
- Fisher v. FisherNew York Court of Appeals · 1929
- Wood v. WoodSupreme Court of Arkansas · 1894
- In Re the Estate of MayNew York Court of Appeals · 1953
- Price v. . PriceNew York Court of Appeals · 1891
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