Mildeberger v. Franklin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary O. Franklin, from an interlocutory judgment of the Supreme. Court in favor of the plaintiff. entered in the office of the clerk of the county of Hew York on the 14th day of July, 1908, upon the decision of the court, rendered after a trial at the Hew York Special Term, overruling the said defendant’s demurrer to the complaint. ■
1Opinion of the Court
Ingraham, J. :
The complaint alleges that . John F. Kellers of the city of Hew York died in 1869, leaving a last will and testament and a codicil thereto, copies of which are inserted in the complaint. It was then alleged that one of the executors named in the will and codicil died and the other resigned, and the plaintiff was appointed substituted trustee under the said will; that the estate consisted of personal and real property located in .the city of . Hew York. The complaint further alleges that the life beneficiary has been in possession of the real property and received the rents and…
2Cases cited1 opinion
- People v. NeffAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by5 opinions
- Pyle v. PyleAppellate Division of the Supreme Court of the State of New York · 1910
- Kahn v. GarvanDistrict Court, S.D. New York · 1920
- Crummey v. MurrayNew York Supreme Court · 1927
- Childs v. ChildsNew York Supreme Court · 1910
- In Re the Estate of IsenbergHawaii Supreme Court · 1925