Gilliam v. . Guaranty Trust Co.
New York Court of Appeals
Appeal, by permission, from an interlocutory judgment entered March 12, 1906, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed a judgment of Special Term sustaining' a demurrer to the complaint and overruled such demurrer.
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Appeal, by permission, from an interlocutory judgment entered March 12, 1906, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed a judgment of Special Term sustaining' a demurrer to the complaint and overruled such demurrer. The following question was certified : “ Does the complaint herein state facts sufficient to constitute a cause of action % ” The nature of the action and the facts, so far as material, are stated 1.2 the opinion. The complaint does not state facts sufficient to constitute a cause of action, and the demurrer was…
1Opinion of the CourtHiscook, J.
This action was brought by plaintiff for the purpose of having it adjudged that she, an adopted daughter, was the heir at law of one Frances J. Thomas, and as such entitled to take certain real estate under a deed which conveyed said real estate to the use of Mrs. Thomas during life and after her decease to her heirs at law. The appellants are brothers of Mrs. Thomas, and by their demurrer to the complaint, which fully sets out the facts, challenge the right of plaintiff to take as an heir at law under the circumstances of this case.
I am led to the conclusion that plaintiff’s claim is well…
2Cases cited7 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- Bisson v. . W.S.R.R. Co.New York Court of Appeals · 1894
- Dodin v. DodinAppellate Division of the Supreme Court of the State of New York · 1897
- Paget v. . MelcherNew York Court of Appeals · 1898
- Theobald v. SmithAppellate Division of the Supreme Court of the State of New York · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- In re the Construction of the Will of UpjohnNew York Court of Appeals · 1952
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of CookNew York Court of Appeals · 1907
- Carpenter v. . Buffalo General Electric Co.New York Court of Appeals · 1914
- Estate of HeardCalifornia Supreme Court · 1957
- Calhoun v. BryantSouth Dakota Supreme Court · 1911
82 more not listed; retrieve them via the Exa API.