Holbrook v. Holbrook
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Warren Holbrook and others, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 10th day of April, 1920, overruling defendants’ demurrers to the complaint. The issue of law herein was brought on and tried as a contested motion pursuant to section 976 of the Code of Civil Procedure..
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Appeal by the defendants, Warren Holbrook and others, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 10th day of April, 1920, overruling defendants’ demurrers to the complaint. The issue of law herein was brought on and tried as a contested motion pursuant to section 976 of the Code of Civil Procedure.. This suit was for a partition of certain real estate of the late Elliot H. Holbrook, who died on March 8, 1919, leaving a widow, Elizabeth M. Holbrook, who gave birth to the plaintiff on August…
1Dissent
Mills, J. (dissenting):
The sole question here is whether or not the plaintiff was provided for or mentioned in the will, and that depends upon the construction of the 4th clause of the said will, which is as follows:
“ Fourth. All the rest, residue and remainder of my estate, both real and personal, of which I may be seized or possessed, or to which I may in any manner be entitled, I give, devise and bequeath to my wife Elizabeth M. Holbrook absolutely and forever, but if she should die before me and I should *290leave lawful issue then I give, devise and bequeath all my said residuary estate to…
2Cases cited4 opinions
- McLean v. . McLeanNew York Court of Appeals · 1913
- Stachelberg v. . StachelbergNew York Court of Appeals · 1908
- Stachelberg v. StachelbergAppellate Division of the Supreme Court of the State of New York · 1908
- Crocker v. MulliganAppellate Division of the Supreme Court of the State of New York · 1913