Constantine v. Constantine
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Richard B. Constantine, as executor,, etc., of Andrew J. Constantine, deceased, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 22d day of May, 1903, upon the decision of the court, rendered after a trial at. the Kings County Special Term, sustaining the plaintiff’s demurrer to the third separate defense contained in the defendant’s answer.
1Opinion of the Court
Woodward, J. :
The complaint alleges the death of Margaret Constantine in 1883>-the probate of her last will and issuance of letters testamentary thereunder to Andrew J. Constantine, who continued to act as sole *608-executor until Ms death on January 4, 1901; that as such executor' he collected certain specified sums of money, aggregating more than $14,000; that he left a last will appointing defendant herein .his executor and that letters testamentary - were duly issued and that •defendant has ever since continued to act as ,sole executor under -said last-mentioned will. It also alleges the…
2Cases cited4 opinions
- Matter of Petition of CampNew York Court of Appeals · 1891
- In re the Estate of JonesAppellate Division of the Supreme Court of the State of New York · 1900
- Libby v. Van DerzeeAppellate Division of the Supreme Court of the State of New York · 1903
- Libby v. Van DerzeeNew York Court of Appeals · 1903
3Cited by3 opinions
- Mitchell v. MitchellAppellate Division of the Supreme Court of the State of New York · 1915
- In re GatteauNew York Surrogate's Court · 1942
- Mitchell v. MitchellNew York Surrogate's Court · 1915