Buell v. Gardner
New York Supreme Court
Action for a judicial construction of the sixteenth and forty-ninth items of the will of Harriet M. Good-sell, deceased.
1Opinion of the CourtClark, J.
The motion of defendants made at the opening of the case for a dismissal of the complaint upon various grounds, and upon which motion decision was. reserved, is denied, with an exception to each of the defendants.
The Supreme Court has jurisdiction to entertain this action. Tonnele v. Wetmore, 195 N. Y. 436.
This plaintiff was not a legatee under Mrs. Good-sell’s will, and the fact that another person who was a legatee under the will gave to plaintiff certain articles which came from Mrs. Goodsell’s estate would *516not be effectual to estop plaintiff from bringing this action. Even if plaintiff…
2Cases cited8 opinions
- Williams v. . WilliamsNew York Court of Appeals · 1853
- In Re the Probate of the Will ShattuckNew York Court of Appeals · 1908
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
- Crozier v. . BrayNew York Court of Appeals · 1890
- Tonnele v. . WetmoreNew York Court of Appeals · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Stewart v. FranchettiAppellate Division of the Supreme Court of the State of New York · 1915
- In re the Intermediate Judicial Settlement of the Accounts of SanfordNew York Surrogate's Court · 1928
- International Reform Federation v. District Unemployment Compensation BoardCourt of Appeals for the D.C. Circuit · 1942
- Utica Trust & Deposit Co. v. ThomsonNew York Supreme Court · 1914
- Estate of BreedenCalifornia Court of Appeal · 1989
4 more not listed; retrieve them via the Exa API.