Decker v. High Street Methodist Episcopal Church
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff,.Marcia A. Decker, and by the defendants, Cora I. Nixon and others, infants, by Frank B. Newell, their guardian ctcl litem, from an interlocutory, judgment of the Supreme Court in favor of the defendants, The High Street Methodist Episcopal Church of Binghamton, N. Y., and another, entered in the office of the clerk of the county of Broome on the 16tli day of August, 1897, sustaining their demurrer to the complaint.
1Opinion of the Court
Merwin, J.:
The plaintiff, as one of. the heirs’ at law of Alina L: Taylor, deceased, brought this action to obtain the partition’ or sale of certain real estate owned by-said decedent at the time of her death on the 7th of December, 1893. In the complaint it is alleged that the decedent left a last will and testament, which had been duly admitted *409to probate, and that the executor therein named has duly qualified as such executor, and is acting as such. The will -is set out in full. It bears date August 23, 1883, and, aside from the formal parts, is as follows:
“First.. After all my lawful…
2Cases cited4 opinions
- Phillips v. . PhillipsNew York Court of Appeals · 1889
- Schult v. . MollNew York Court of Appeals · 1892
- In Re Proving the Last Will & Testament of VowersNew York Court of Appeals · 1889
- McLean v. . FreemanNew York Court of Appeals · 1877
3Cited by3 opinions
- Keefe v. KeefeNew York Supreme Court · 1929
- In re BlanchNew York Surrogate's Court · 1926
- Johnson v. Riter-Conley Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1912