Appell v. Appell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Albert J. Appell, and by the defendant, Emelia A. Sauer, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of November, 1916, granting a motion by certain of the respondents for judgment on the pleadings and sustaining a demurrer to the complaint.
1Dissent
Sheare, J. (dissenting):
The action is brought for partition, plaintiff claiming that he is entitled to one-sixth of the fee of the property mentioned in the complaint, subject to the right of dower of decedent’s widow, the defendant Rosa Appell, who joins in the demurrer. The property was devised by the last will and testament of Jacob Appell. The will was originally executed in 1895, but was affirmed in all respects by a codicil executed in 1907. The testator died on December 26, 1915, leaving him surviving his widow, Rosa Appell, and as his only children, the plaintiff, Albert J. Appell,…
2Cases cited4 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Sawyer v. . CubbyNew York Court of Appeals · 1895
- Burke v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1906
- Coston v. CostonAppellate Division of the Supreme Court of the State of New York · 1907