Anderson v. Smitley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Jane Ann Smitley, individually, etc., . and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York oh the 27th day of April, 1910.
1Opinion of the Court
Scott, J.:
The defendants (other than John J. Lordon) appeal from an order denying their motion for judgment upon the pleadings. Plaintiff was the wife of John Elmer Ellis, who died on June 6,1901. There apparently had been differences between- them resulting in his agreement to pay her a yearly sum. Ellis was the son of the defendant Jane Ann Smitley, who had executed a deed of trust for his benefit to the defendant-Joseph W. Smitley, as trustee. The'whole purport of this deed, with its amendments, it is not necessary to recite, except to say that it provides that upon the death of said John…
2Cases cited5 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- People v. . StephensNew York Court of Appeals · 1878
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
- Kley v. . HealyNew York Court of Appeals · 1891
- Young v. DresserAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by4 opinions
- Dennin v. PowersNew York Supreme Court · 1916
- Ross v. FidaAppellate Division of the Supreme Court of the State of New York · 1943
- Anderson v. SmitleyAppellate Division of the Supreme Court of the State of New York · 1910
- Krohnthal v. RangerAppellate Division of the Supreme Court of the State of New York · 1919