Steinway v. von Bernuth
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Louis von Bernuth, as executor and trustee, etc., of George A. Stein way, deceased, and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs,' entered in the office of the clerk of the county of Nassau on the 22d day of November, 1900, on the decision of the court rendered after a trial at the Nassau Special Term overruling demurrers to the complaint.
1Opinion of the Court
*262Interlocutory judgment affirmed on the authority of Ludwig v. Bungart* (48 App. Div. 613), with costs.
All concurred, except Jenks, J., who read for reversal, with whom Sewell, J., concurred.
*263The following dissenting opinion was written in the present case:
Willard Bartlett, J.:.The plaintiff is a legatee under the will of the defendant’s testatrix. In the first cause of action set out in the complaint she seeks a judicial construction of. that portion of the will whereby the testatrix bequeathed to the plaintiff all her “household furniture and store, with contents of house known as 29 Hamilton…
2Cases cited5 opinions
- Schuehle v. . ReimanNew York Court of Appeals · 1881
- Miller v. . BallNew York Court of Appeals · 1876
- Ludwig v. BungartAppellate Division of the Supreme Court of the State of New York · 1900
- Winchell v. . WinchellNew York Court of Appeals · 1885
- National Board of Marine Underwriters v. National BankNew York Court of Appeals · 1895
3Cited by3 opinions
- Steinway v. von BernuthAppellate Division of the Supreme Court of the State of New York · 1903
- Haughian v. ConlonNew York Supreme Court · 1903
- Steinway v. Von BernuthAppellate Division of the Supreme Court of the State of New York · 1903