Clarke v. . Leupp
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March T7,1881, which affirmed a judgment in favor of plaintiff, entered upon an order overruling the demurrer of defendant William H. Leupp and the Mutual Life Insurance Company to plaintiff’s complaint.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March T7,1881, which affirmed a judgment in favor of plaintiff, entered upon an order overruling the demurrer of defendant William H. Leupp and the Mutual Life Insurance Company to plaintiff’s complaint. This action was brought originally by Flora C. Clarke, daughtér of James A. Clarke, deceased, to establish an interest in certain real estate which she claimed under the will of her father, said defendant claimed under mortgages executed by-Caroline M. Clarke, widow of…
1Opinion of the CourtTracy, J.
It is conceded .that if Mrs. Clarke, under her husband’s will, succeeded in her own right to all his property, including his interest in the premises in question, then the plaintiff has no interest or standing to maintain this action.
The testator, the plaintiff’s father, as he states in his will, being about to undertake a long, dangerous journey, deemed it his duty for the benefit and protection of his wife and his two children James W. and Flora C. to make a will. The devise is in the following words: “ I do, therefore, make this my last will and testament, giving and bequeathing to my wife…
2Cases cited2 opinions
- Gilbert v. ChapinSupreme Court of Connecticut · 1848
- Dillaye v. . GreenoughNew York Court of Appeals · 1871
3Cited by68 opinions
- In Re the Estate of HayesNew York Court of Appeals · 1934
- Collister v. . FassittNew York Court of Appeals · 1900
- Goodwin v. . CoddingtonNew York Court of Appeals · 1897
- Hendricks v. . IsaacsNew York Court of Appeals · 1889
- Banzer v. . BanzerNew York Court of Appeals · 1898
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