Ludwig v. Bungart
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Margaret Ludwig, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 15th day of February, 1899, upon the decision of the court, rendered after a trial at the Kings County Special Term, dismissing the complaint upon the ground, that it did not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Willard Bartlett, J.:
The plaintiff is a legatee under the will of the defen dant’a testatrix. In the first cause of action set out in the complaint she seeks a judicial construction of that portion of the will whereby the testatrix bequeathed to the plaintiff all her “ household furniture and store with contents of house, known as 29 Hamilton avenue, Borough of Brooklyn, County of Kings and State of Hew York.”
The learned judge at Special Term held that “inasmuch as the Surrogate of the County of Kings has complete power and jurisdiction to administer such relief in the premises as the…
2Cases cited5 opinions
- Shakespeare v. . MarkhamNew York Court of Appeals · 1878
- Schuehle v. . ReimanNew York Court of Appeals · 1881
- Miller v. . BallNew York Court of Appeals · 1876
- Winchell v. . WinchellNew York Court of Appeals · 1885
- National Board of Marine Underwriters v. National BankNew York Court of Appeals · 1895
3Cited by27 opinions
- Ludwig v. BungartNew York Supreme Court · 1900
- Metropolitan Trust Co. v. StalloAppellate Division of the Supreme Court of the State of New York · 1915
- Gould v. GouldNew York Supreme Court · 1919
- Millard v. McFaddenNew York Supreme Court · 1945
- Higgins v. Exchange National BankNew York Supreme Court · 1931
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