Legal Opinion

John v. Andrews Institute for Girls

New York Court of Appeals

Decided June 12, 1908PublishedCited by 33 opinions

Motion to amend remittitur. (See 191 N. Y. 254.)

1Opinion of the Court

Cullen, Ch. J.

The question presented by this motion is whether certain of the next of kin of the testator who failed to appeal from the judgment of the Supreme Court, which declared that they had no right to any part of the estate of said testator, can take advantage of a reversal of said decree by this court made upon the appeal of certain other of the next of kin.

It may first be well to dispose of the notion or suggestion that a judgment in an action for the construction of a will differs in effect from judgments in other actions. The substance of the argument is that the action by the…

2Cases cited21 opinions

  1. Oakley v. . AspinwallNew York Court of Appeals · 1850
  2. In Re Proving the Will of MountNew York Court of Appeals · 1906
  3. Chipman v. . MontgomeryNew York Court of Appeals · 1875
  4. Anderson v. . AndersonNew York Court of Appeals · 1889
  5. Bryant v. . ThompsonNew York Court of Appeals · 1891

16 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Hecht v. City of New YorkNew York Court of Appeals · 1983
  2. In Re the Will of HornerNew York Court of Appeals · 1924
  3. In re the Arbitration between Amica Mutual Insurance & JonesAppellate Division of the Supreme Court of the State of New York · 1981
  4. United States Printing & Lithograph Co. v. PowersNew York Court of Appeals · 1922
  5. In Re the Accounting of Union Trust Co.New York Court of Appeals · 1916

28 more not listed; retrieve them via the Exa API.

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