De Coppet v. . Cone
New York Court of Appeals
Appeal from a judgment entered May 27, 1909, upon an order of the Appellate Division of the Supreme Court in the first judicial department which affirmed a final judgment dismissing the complaint entered upon an interlocutory judgment of Special Term sustaining a demurrer thereto.
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Appeal from a judgment entered May 27, 1909, upon an order of the Appellate Division of the Supreme Court in the first judicial department which affirmed a final judgment dismissing the complaint entered upon an interlocutory judgment of Special Term sustaining a demurrer thereto. The complaint alleges that a copartnership had existed between the plaintiffs and Walter Weston, deceased, and that, on December 1st, 1895, there was found to be due, upon an account being stated, from him to them a balance of $8,097.46 ; that Weston died, in March, 1904, a resident of the city of, Washington,…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It is conceded that the statutory provisions governing the probate of wills in Surrogates' Courts and the issue of letters testamentary and of administration are such that under the facts stated in the complaint, it is impossible to prove the will of the deceased debtor, or to have letters testamentary or of administration issued here. If this concession is well founded the result is that though there is to be found property belonging to the deceased within this…
2Cases cited9 opinions
- Thompson v. BrownNew York Court of Chancery · 1820
- Hopper v. . HopperNew York Court of Appeals · 1891
- McCartney v. . BostwickNew York Court of Appeals · 1865
- Tarbell v. GriggsNew York Court of Chancery · 1831
- Johnson v. . WallisNew York Court of Appeals · 1889
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3Cited by13 opinions
- Helme v. . BuckelewNew York Court of Appeals · 1920
- Kirkbride v. Van NoteNew York Court of Appeals · 1937
- S.B. v. A.C.C.New York Court of Appeals · 2016
- Leighton v. RoperNew York Court of Appeals · 1950
- Wedemann v. United States Trust Co.New York Court of Appeals · 1932
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