Corley v. . McElmeel
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 13, 1895, which affirmed a judgment rendered at Special Term in favor of the defendant Annie E. Stover upon a verdict obtained on a trial of an issue of fact at Circuit, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 13, 1895, which affirmed a judgment rendered at Special Term in favor of the defendant Annie E. Stover upon a verdict obtained on a trial of an issue of fact at Circuit, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The Surrogate’s Court has jurisdiction to determine all questions relating to the factum of wills of real property offered for probate. (Redf. on Surr.…
1Opinion of the Court
In order to have a clearer understanding of the appellant's case, it is necessary to state a few facts connected with the litigation. The action was brought by plaintiff, as one of the heirs at law of Patrick Trenor, deceased, for the partition of certain real estate, of which he died seized, and she joined as parties defendant the other heirs, the executors of his will and Mrs. Stover, to whom he had devised his real estate. The complaint alleged the presentation of the will to the Surrogate's Court of the city and county of New York for probate and a decree thereof adjudging the will to be…
Also in this document: Dissent.
2Cases cited2 opinions
- Bogardus & Clark v. ClarkNew York Court of Chancery · 1834
- Harris v. . HarrisNew York Court of Appeals · 1863
3Cited by44 opinions
- In Re the Probate of the Will of GoldstickerNew York Court of Appeals · 1908
- Mitchell v. MitchellSupreme Court of Connecticut · 1900
- City of Sedalia ex rel. Gilsonite Construction Co. v. ScottMissouri Court of Appeals · 1904
- Dworsky v. ArndtsteinAppellate Division of the Supreme Court of the State of New York · 1898
- In re the Accounting of HerrmannNew York Surrogate's Court · 1948
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