Nichols v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Libbie D. Smith, individually and as executrix, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 20th day of March, 1914, upon the decision of the court after a trial at the Cattaraugus Trial Term before the court without a jury.
1Opinion of the Court
Robson, J.:
Loren D. Smith, deceased, and David D. Smith, defendant’s deceased husband and testator, were brothers. The former died intestate June 15, 1909, and the latter died April 22, 1912, leaving a last will and testament, of which the defendant is the sole executrix. Loren D. Smith left him surviving no descendant or ancestor in the direct line; and his heirs at law and next of kin were his brother, David D. Smith, a sister, Emeline Smith, since deceased, and the plaintiff, Addie L. Nichols, who was the only child of a deceased sister of Loren D. Smith. It also appears from the evidence…
2Cases cited5 opinions
- Elterman v. . HymanNew York Court of Appeals · 1908
- Palmer v. GreenNew York Supreme Court · 1892
- National Bank v. LevyNew York Court of Appeals · 1891
- Denham v. . CornellNew York Court of Appeals · 1876
- Hamilton v. FleckensteinAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by3 opinions
- In re the Judicial Settlement of the Account of Proceedings of Van KleeckNew York Surrogate's Court · 1916
- Rovello v. KleinAppellate Division of the Supreme Court of the State of New York · 2004
- Nichols v. SmithAppellate Division of the Supreme Court of the State of New York · 1915