Stewart v. Russell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Stewart,, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 14th day of February, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Hew York Trial Term.
1Opinion of the Court
Hatch, J. :
The action is in ejectment and- the plaintiff seeks to recover a sixtieth interest in premises known as 726, 728, 73Ó Broadway in the borough of Manhattan, city of Hew York. The premises in question were formerly owned by Alexander T. Stewart, who died seized thereof on the 10th day of April, 1876. This action was begun July 29, 1901, more than twenty-five years after the death of Alexander T. Stewart, and proceeds upon the theory that he died intestate. The complaint avers that documents purporting to be the last will and testament, with codicils attached thereto, of Alexander T.…
2Cases cited8 opinions
- Roberts v. . BaumgartenNew York Court of Appeals · 1888
- Croner v. . CowdreyNew York Court of Appeals · 1893
- Stamm v. . BostwickNew York Court of Appeals · 1890
- Rhoades v. FreemanAppellate Division of the Supreme Court of the State of New York · 1896
- McLean v. . SwantonNew York Court of Appeals · 1856
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3Cited by4 opinions
- McCormack v. . CoddingtonNew York Court of Appeals · 1906
- Northern Terminal Corp. v. ButterlyNew York Supreme Court · 1930
- Stappenbeck v. MatherOneida County Court · 1911
- Stillwell v. MorleyNew York Supreme Court · 1965