Holbrook v. . Holbrook
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 27, 1920, which reversed an order of Special Term overruling demurrers to the complaint and sustained said demurrers.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 27, 1920, which reversed an order of Special Term overruling demurrers to the complaint and sustained said demurrers. The action is brought by plaintiff, a posthumous child, to partition certain real property of which her father died seized, on the ground that she had been “ unprovided for by any settlement and neither provided for, nor in any way mentioned" ” in her father’s will and, therefore, under section 26 of the Decedent Estate Law, inherited. The…
1Opinion of the Court
Order affirmed, with costs, and question certified answered in the negative; no opinion.
Concur: His cock, Ch. J., Cardozo, Pound and McLaughlin, JJ. Dissenting: Hogan, Crane and Andrews, JJ.
2Cited by10 opinions
- In re the Re-Probate of the Last Will & Testament of JonesNew York Surrogate's Court · 1929
- In re MulqueenAppellate Division of the Supreme Court of the State of New York · 1925
- In re the Estate of DoolingNew York Surrogate's Court · 1936
- In re the Probate of the Will of RadtNew York Surrogate's Court · 1957
- In re the Estate of CallisterNew York Surrogate's Court · 1933
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