Starbuck v. . Starbuck
New York Court of Appeals
Appeal from a judgment entered January 4, 1902, upon an order of the Appellate Division of the Supreme Court in the second judicial department, overruling defendant’s exceptions to an interlocutory judgment, and denying a motion for a new trial made under section 1001 of the Code of Civil Procedure. The decisions of the court below were erroneous. (Matter of Swales, 172 N. Y. 651; 60 App. Div. 599.) The Massachusetts decree was well pleaded and properly proved.
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Appeal from a judgment entered January 4, 1902, upon an order of the Appellate Division of the Supreme Court in the second judicial department, overruling defendant’s exceptions to an interlocutory judgment, and denying a motion for a new trial made under section 1001 of the Code of Civil Procedure. The decisions of the court below were erroneous. (Matter of Swales, 172 N. Y. 651; 60 App. Div. 599.) The Massachusetts decree was well pleaded and properly proved. (Krekeler v. Ritter, 62 N. Y. 372; Church v. Kidd, 88 N. Y. 654; Matter of Huss, 126 N. Y. 537; Atlanta, etc., v. Andrews, 120 N. Y.…
1Opinion of the CourtHaight, J.
This action was brought by the plaintiff as the widow of William H. Starbuck, deceased, to recover dower in the real estate of which lie died seized.
The decedent and the plaintiff were married in the commonwealth of Massachusetts on the 14th day of October, 1857, he being a resident of this state where he continued to reside until his death, which occurred on the 29th day of March, 1896. In the year 1868 the plaintiff left her husband’s residence and returned to her parents’ home in Massachusetts, taking her daughter with her, where she resided until after his death. She then removed to this…
2Cases cited14 opinions
- Kinnier v. . KinnierNew York Court of Appeals · 1871
- De Meli v. . De MeliNew York Court of Appeals · 1890
- Hunter v. HunterCalifornia Supreme Court · 1896
- Williams v. . WilliamsNew York Court of Appeals · 1891
- In re Ellis' EstateSupreme Court of Minnesota · 1893
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3Cited by115 opinions
- Krause v. KrauseNew York Court of Appeals · 1940
- Querze v. QuerzeNew York Court of Appeals · 1943
- Marco v. SachsNew York Court of Appeals · 1962
- Kaufman v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1917
- In re the Accounting of RathscheckNew York Court of Appeals · 1950
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