Dreyer v. . Reisman
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 18, 1910, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The mere making of a will is not sufficient to dispose of an estate.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 18, 1910, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The mere making of a will is not sufficient to dispose of an estate. (Brown v. Quintard, 177 N. Y. 83; Leggett v. Stevens, 185 N. Y. 70; Byrnes v. Baer, 86 N. Y. 120.) If the devolution of testator’s property by his will is dependent upon its terms only then…
1Opinion of the CourtWerker, J.
This is an action in partition, and the plaintiff’s right to maintain it depends upon the question whether one Joseph H. Hasselhrook, who died seized of the real property sought to be partitioned, left a valid will disposing of the same, or whether he died intestate. If Hasselhrook died intestate, then the plaintiff, as the only child of Hasselbrook’s deceased daughter, is entitled to an undivided one-fourth part of the real property in suit; and if, on the contrary, Hasselhrook left a valid will which disposed of this real property, it is conceded that he devised it all to his own three…
2Cases cited13 opinions
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Brown v. . QuintardNew York Court of Appeals · 1903
- Phillips v. . DaviesNew York Court of Appeals · 1883
- Post v. . HoverNew York Court of Appeals · 1865
- Pond v. BerghNew York Court of Chancery · 1843
8 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- In Re the Accounting of TamargoNew York Court of Appeals · 1917
- In re SelnerAppellate Division of the Supreme Court of the State of New York · 1941
- In re MatthewsAppellate Division of the Supreme Court of the State of New York · 1938
- In re the Judicial Settlement of the Account of LummisNew York Surrogate's Court · 1917
- In re the Accounting of Manufacturers & Traders Trust Co.Appellate Division of the Supreme Court of the State of New York · 1953
28 more not listed; retrieve them via the Exa API.