Flatauer v. . Loser
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in' the first judicial department, entered May 16, 1913, which affirmed an order of Special Term denying a motion by defendant for judgment in her favor upon the pleading.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in' the first judicial department, entered May 16, 1913, which affirmed an order of Special Term denying a motion by defendant for judgment in her favor upon the pleading. The following question was certified: “ Does the complaint state facts sufficient to constitute a cause of action ? ” The "action was commenced within one year from the grant of letters testamentary to defendant as executrix. (Code Civ. Pro. §§ 1819, 2722; Peterson v. Chemical Bank, 31 N. Y. 21; Waldsmith v. Waldsmith, 2 Ohio, 156; Rundle v.…
1Opinion of the CourtHogan, J.
The complaint in substance alleges that one Max Flatauer and plaintiff intermarried in the state of Georgia in the year 1911; that plaintiff was the lawful wife of said Max Flatauer at the date of his death, which occurred on the 25th day of November, 1911; that there was no issue of the said marriage, and that the said Max Flataner was for a long time prior to his death domiciled in the state of Florida.
That on the 24th of August, 1912, a decree was made hy the Surrogate’s Court of the county of New York, admitting to probate as the last will and testament of the said Max Flataner a certain…
2Cases cited1 opinion
- Bolton v. . SchrieverNew York Court of Appeals · 1892
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- In re the Estate of SladeNew York Surrogate's Court · 1935
- Jacobs v. GuidoAppellate Division of the Supreme Court of the State of New York · 2000
- Rubin v. Irving Trust Co.Appellate Division of the Supreme Court of the State of New York · 1952
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