Legal Opinion

Farnham v. . Farnham

New York Court of Appeals

Decided October 21, 1919PublishedCited by 10 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court -in the fourth judicial department, entered December 9, 1918, which affirmed an order of Special Term granting a motion for alimony and counsel fee in an action to annul a marriage. The following question was certified: “ Had the court power to make the order appealed from? ” The facts, so far as material, are stated in the opinion.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court -in the fourth judicial department, entered December 9, 1918, which affirmed an order of Special Term granting a motion for alimony and counsel fee in an action to annul a marriage. The following question was certified: “ Had the court power to make the order appealed from? ” The facts, so far as material, are stated in the opinion. The court was without power to make the order appealed from, for the reason that the plaintiffs do not stand in the relation of husband to the defendant. (Edol. Abr. 508 [cited in…

1Opinion of the CourtMcLaughlin, J.

In 1905 William H. Farnham died, at Palmyra, N. Y., leaving him surviving as his only heir-at-law and next of kin, his son, Louis S. Farnham. He left a will, which was admitted to probate, in which he gave and devised all his estate, real and personal, in trust to John K. Williamson, to use the income therefrom for the support of his widow and son during their joint lives and the life of the survivor, and upon the death of the survivor to pay and distribute what remained to and among his heirs-at-law and next of kin in the manner and proportions prescribed by law in case of intestacy. The…

2Cases cited6 opinions

  1. Lake v. . LakeNew York Court of Appeals · 1909
  2. Griffin v. . GriffinNew York Court of Appeals · 1872
  3. Higgins v. . SharpNew York Court of Appeals · 1900
  4. Jones v. . BrinsmadeNew York Court of Appeals · 1905
  5. Collins v. . CollinsNew York Court of Appeals · 1877

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3Cited by10 opinions

  1. In re the Estate of ReillyNew York Surrogate's Court · 1927
  2. Wemple v. WempleSupreme Court of Minnesota · 1927
  3. Sharp v. Seventh Judicial District Court of State of UtahUtah Supreme Court · 1932
  4. Adams v. VulovichNew York Supreme Court · 1947
  5. Musso v. ButeraNew York Supreme Court · 1970

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