Bauchle v. Smylie
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Amelia M. Bauchle, individually and as ■executrix, etc., of Thomas II. Bauchle, deceased, 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 5th day of August, 1904, upon the decision of the court, rendered after a trial at the Hew York Special Term, dismissing the complaint upon the merits. • •
1Opinion of the Court
-McLaughlin, J.:
On the 18th day of December, 1901, Thomas H. Bauchle, the - husband of the plaintiff, died.', He left a will in which the plaintiff was named as executrix and the defendant Hopkins as executor. She was also the residuary .legatee. The will was admitted to .probate in January following and letters testamentary issued to-Hopkins, he alone- at that time.qualifying. In the following June,, however, the plaintiff qualified and letters testamentary were then issued to her. 1
At the time of Mr. Ban chib’s-death he was a member'of the firm of Ydung ■& Smylie — composed of himself,…
2Cases cited12 opinions
- Holmes v. . GilmanNew York Court of Appeals · 1893
- Mitchell v. . ReedNew York Court of Appeals · 1874
- Nesbit v. . LockmanNew York Court of Appeals · 1866
- King v. . LeightonNew York Court of Appeals · 1885
- Sears v. . ShaferNew York Court of Appeals · 1852
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3Cited by4 opinions
- Josephberg v. CavalleroAppellate Division of the Supreme Court of the State of New York · 1941
- In re the Compulsory Settlement of Winter EstateAppellate Division of the Supreme Court of the State of New York · 1931
- Golub v. Perrin (In Re Perrin)United States Bankruptcy Court, S.D. New York · 1980
- In re the Compulsory Judicial Settlement of the Estate of WinterNew York Surrogate's Court · 1930