Smidt v. Bailey
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, May B. Smidt, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 1st day of March, 1909, directing the plaintiff to serve a bill of particulars upon the defendant Charles C. Bailey.
1Opinion of the Court
McLaughlin, J.:
This action was brought under section 1537 of the Code of Civil Procedure to partition certain real estate in the city of1 IS^ew York upon the ground that an apparent devise thereof by Eliza T. Bailey to the respondent Charles C. Baüey is void.
The facts set out in the complaint showing that such devise is void are that the testatrix was not, at the time of the execution of her will and codicil, or either of them, of sound mind, or memory and did not have testamentary capacitythat the execution and publication of the same were procured by fraud and undue influence practiced upon…
2Cases cited1 opinion
- Smith v. AndersonAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by7 opinions
- In re the Estate of MullinNew York Surrogate's Court · 1932
- In re the Estate of BrittonNew York Surrogate's Court · 1938
- In re the Estate of MeyersNew York Surrogate's Court · 1936
- Steinleger v. FrankelAppellate Terms of the Supreme Court of New York · 1922
- Hague v. Northern Hotel Co.Appellate Terms of the Supreme Court of New York · 1912
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