Judson v. Staley
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John B. Judson and another, as administrators, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Fulton on the 29th day of January, 1914, upon the dismissal of the complaint by direction of the court at the opening of the trial, and also from the order entered in said clerk’s office on the same day directing such dismissal.
1Opinion of the Court
Kellogg, J.:
The action was brought under section 2653a of the Code of Civil Procedure to determine the validity of the probate of the will of Catherine Ann Staley. The complaint alleges, among other things, that the alleged intestate left her surviving Adam Frederick and the defendants “ her next of kin and only heirs at law,” and that after her death the said Adam Frederick died intestate and the plaintiffs are the administrators of his estate. The executor of Catherine Ann Staley answered the complaint, and, among other things, admitted that the decedent left her surviving the heirs at law…
2Cases cited1 opinion
- Wallace v. BouvierAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by2 opinions
- Tuthill v. DebovoiseAppellate Division of the Supreme Court of the State of New York · 1914
- In Re Morrow's WillNew Mexico Supreme Court · 1937