Barnes v. Klug
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Auguste F. Klug and another, as executors, etc., from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of June, 1908, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the said defendants’ demurrer to the amended complaint.
1Opinion of the Court
Houghton, J.:
The amended complaint alleges that appellants’ testator, Justin L. Barnes, and plaintiff were formerly husband and wife, and that such differences arose between them that they separated in April, 1892, and that shortly thereafter while still living apart an agreement of separation was entered into between them by which it was provided that they should live separate and apart, and that in consideration of the mutual covenants, one of which was the release by plaintiff of all claim of dower and distributive share in his estate, the husband agreed to pay to a trustee named in such…
2Cases cited10 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Wilson v. . HinmanNew York Court of Appeals · 1905
- Winter v. . WinterNew York Court of Appeals · 1908
- Carson v. MurrayNew York Court of Chancery · 1831
- Kernochan v. . MurrayNew York Court of Appeals · 1888
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3Cited by37 opinions
- Prime v. PrimeOregon Supreme Court · 1943
- Aldrich v. AldrichWest Virginia Supreme Court · 1962
- Flicker v. ChenitzNew Jersey Superior Court Appellate Division · 1959
- In re the Estate of HerbNew York Surrogate's Court · 1937
- In re the Accounting of MacFarlaneNew York Surrogate's Court · 1951
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