Legal Opinion

Brinkerhoff v. Tiernan

New York Supreme Court

Decided December 15, 1908PublishedCited by 3 opinions

Demubbeb to complaint.

1Opinion of the CourtCarr, J.

In this action, which is brought under section 2653a of the Code of Civil Procedure, the plaintiff, claiming to be one of the heirs-at-law and next of kin of Julia David Brown, deceased, seeks to obtain a judgment setting aside the probate of an alleged last will and testament of said decedent. The section of the Code in question provides as follows, in part: “ Any person interested as devisee, legatee or otherwise, in a will or codicil admitted to probate in this State, as provided by the code of civil procedure, or any person interested as heir-at-law, next of kin or otherwise, in any…

2Cases cited4 opinions

  1. Kerr v. . BlodgettNew York Court of Appeals · 1871
  2. Lewis v. . CookNew York Court of Appeals · 1896
  3. MacArdell v. OlcottAppellate Division of the Supreme Court of the State of New York · 1901
  4. Wallace v. PayneAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by3 opinions

  1. Security Trust Co. v. Swope, JudgeCourt of Appeals of Kentucky (pre-1976) · 1938
  2. Sullivan v. Associated Billposters & Distributors of United StatesDistrict Court, S.D. New York · 1919
  3. Early v. NashAppellate Division of the Supreme Court of the State of New York · 1910

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