McLean v. . McLean
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 10,1912, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 10,1912, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer. The nature of the action and the facts, so far as material, are stated in the opinion. Henry McLean, 2d, at the time of his" death, held a vested remainder in an undivided share of second parcel under the will of his grandfather, Michael Maher. (Cons. Laws, ch. 50, § 40; Cons. Laws, ch; 13, §§ 98, 100; Code Civ. Pro. §§ 2732, 2734; Matter of…
1Opinion of the CourtHiscock, J.
This action is brought for the partition of two pieces of real estate situate in the borough of Brooklyn, one being known as 101 Sixth avenue and as the “First Parcel ” herein involved, and the other piece being known as 453 Pacific street and as the “ Second Parcel.” The defendants challenge the sufficiency of the complaint on the ground that it appears from the allegations thereof that the plaintiff has no interest whatever in said lands. The justification for this challenge is to be found if at all in the construction and effect of two wills of which only one affects the first piece of…
2Cases cited6 opinions
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1907
- Wormser v. CroceAppellate Division of the Supreme Court of the State of New York · 1907
- Stachelberg v. . StachelbergNew York Court of Appeals · 1908
- Stachelberg v. StachelbergAppellate Division of the Supreme Court of the State of New York · 1908
- Tavshanjian v. . AbbottNew York Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- In re Will of LarkinNew York Court of Appeals · 1961
- Matter of Estate of EversoleSupreme Court of Oklahoma · 1994
- In re the Estate of EvansNew York Surrogate's Court · 1937
- In re the Estate of FaberNew York Court of Appeals · 1953
- Davis v. DavisCourt of Appeals of Maryland · 1976
37 more not listed; retrieve them via the Exa API.