Legal Opinion

Baldwin v. Rice

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1905PublishedCited by 8 opinions

Appeal by the plaintiffs, Adele Baldwin and another, as administrators with the will annexed, etc., of Elizabeth B. Rice, late of the city of Houston, Texas, deceased, from a judgment of the Supreme Court in favor of tho-defendants, entered in the office of the clerk of the county of New York on the 19th-day of August, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits.

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Appeal by the plaintiffs, Adele Baldwin and another, as administrators with the will annexed, etc., of Elizabeth B. Rice, late of the city of Houston, Texas, deceased, from a judgment of the Supreme Court in favor of tho-defendants, entered in the office of the clerk of the county of New York on the 19th-day of August, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits. The action is brought by the plaintiffs under letters of administration with the will annexed issued by the surrogate of the county of New Yoik…

1Per curiam

The judgment should be affirmed on so much of the opinion of the court below as holds that the plaintiffs have no standing in court to maintain, this action. But the judgment should not have been upon the merits. Judgment should be modified by striking out “upon the merits,” and as so modified affirmed, without costs.

Present — Van Brunt, P. J., Patterson, O’Brien, Hatch and. La ugh lin, JJ.

Judgment modified as stated in opinion and as so modified affirmed, without costs.

The following is the opinion of the court below:

Scott, J.:

After further consideration of the provisions of the Code of Civil…

2Cases cited5 opinions

  1. Bevan v. . CooperNew York Court of Appeals · 1878
  2. Mayor, Etc., of N.Y. v. . BradyNew York Court of Appeals · 1889
  3. In Re the Judicial Settlement of the Accounts of HawleyNew York Court of Appeals · 1887
  4. Spicer v. WatersNew York Supreme Court · 1866
  5. Montgomery v. BoydAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by8 opinions

  1. In Re the Probate of the Will of ConnellNew York Court of Appeals · 1917
  2. In re the Estate of WorchNew York Surrogate's Court · 1925
  3. In re the Estate of Van BokkelenNew York Surrogate's Court · 1935
  4. Kupersmidt v. New York Telephone Co.New York Supreme Court · 1967
  5. In re Ancillary Letters of Administration With the Will Annexed of McShaneNew York Surrogate's Court · 1911

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