Cooke v. Higgins
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Gertrude S. Higgins, from a judgment of the Supreme Court in favor of the plaintiffs and the defendant Edwin E. Higgins, entered in the office of the clerk of the county of Kings on the 3d day of November, 1911, upon the decision of the court rendered after a trial at the Kings County Special Term, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion to resettle the findings of the court in the action.
1Opinion of the Court
Burr, J.:
Thomas C. Higgins died intestate May 6, 1909. He left him surviving his widow, the defendant Gertrude S. Higgins, and a son, the defendant Edwin E. Higgins. The plaintiffs are his grandchildren, being the children of a deceased daughter. Defendant Gertrude S. Higgins was married to decedent in June, 1894. She was considerably younger than he. Each had been previously married. She resided with him in Brook lyn up to the time of his death. Defendant Edwin E. Higgins also resided in Brooklyn, is a physician, and attended decedent during his last illness. Plaintiffs reside in Binghamton,…
2Cases cited7 opinions
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Cudney v. . CudneyNew York Court of Appeals · 1877
- In Re the Probate of the Will of SnellingNew York Court of Appeals · 1893
- Gick v. . StumpfNew York Court of Appeals · 1912
- Absalon v. SickingerAppellate Division of the Supreme Court of the State of New York · 1905
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3Cited by1 opinion
- Cooke v. HigginsAppellate Division of the Supreme Court of the State of New York · 1913