Post v. . Moore
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Oourt in the first judicial department, entered December 31, 1903, which affirmed a final judgment in favor of defendant, entered upon a decision of the court on trial at Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Oourt in the first judicial department, entered December 31, 1903, which affirmed a final judgment in favor of defendant, entered upon a decision of the court on trial at Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The construction of the will at bar claimed by plaintiff, viz., that the defendant took the estate of the testator, coupled with an obligation imposed upon her to pay plaintiff §300 per year, is the only proper construction…
1Opinion of the CourtO’Brien, J.
The courts below have unanimously sustained a demurrer to the complaint on the ground that it did not state a cause of action. The action is plainly one to procure a judicial construction of a will and to procure a judgment that the plaintiff is entitled, under the provisions of the will, to a legacy or a charge in her favor upon the estate disposed of by the will, or to procure a judgment that the will creates a trust in her favor. • It is alleged that the defendant’s husband,1 William T. Moore, died -leaving a will which was annexed to the complaint and made a part thereof. It is alleged…
2Cases cited7 opinions
- Collister v. . FassittNew York Court of Appeals · 1900
- Clarke v. . LeuppNew York Court of Appeals · 1882
- Clay v. . WoodNew York Court of Appeals · 1897
- Banzer v. . BanzerNew York Court of Appeals · 1898
- In Re the Final Accounting of GardnerNew York Court of Appeals · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Tillman v. . OgrenNew York Court of Appeals · 1920
- Leadbetter v. PriceOregon Supreme Court · 1921
- St. James v. Bagley.Supreme Court of North Carolina · 1905
- Floyd v. SmithSupreme Court of Florida · 1910
- Carter v. . StricklandSupreme Court of North Carolina · 1914
34 more not listed; retrieve them via the Exa API.