Legal Opinion

Stachelberg v. . Stachelberg

New York Court of Appeals

Decided June 9, 1908PublishedCited by 14 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 26, 1908, which reversed a judgment of Special Term construing the will of Charles G. Stachelberg, deceased, so as to hold that his posthumous child was specially mentioned in and thereby excluded from any participation in the estate of the deceased. The following questions were certified : “First.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 26, 1908, which reversed a judgment of Special Term construing the will of Charles G. Stachelberg, deceased, so as to hold that his posthumous child was specially mentioned in and thereby excluded from any participation in the estate of the deceased. The following questions were certified : “First. Is the infant defendant, Charles G. Stachelberg, on the facts shown by the record, entitled to the same portion of the real and personal estate of Charles G.…

1Opinion of the Court

Judgment affirmed, with costs payable out of the estate; questions certified answered in the affirmative, on opinion below.

Concur: Cullen, Ch. J., Gray, Vann, Werner, Willard Bartlett, Hiscock and Chase, JJ.

2Cited by14 opinions

  1. McLean v. . McLeanNew York Court of Appeals · 1913
  2. Holbrook v. HolbrookAppellate Division of the Supreme Court of the State of New York · 1920
  3. In re the Estate BrantNew York Surrogate's Court · 1923
  4. Tavshanjian v. . AbbottNew York Court of Appeals · 1911
  5. In re the Re-Probate of the Last Will & Testament of JonesNew York Surrogate's Court · 1929

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