Dodge v. . Cornelius
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made April 25, 1899, reversing a judgment in favor of plaintiff entered ijpon a decision of the Queens County Court on tidal without a jury and granting a new trial. ■ The nature of the action and the facts, so far as material, are stated in the opinion. The complaint states a cause of action for a forfeiture under the' statute.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made April 25, 1899, reversing a judgment in favor of plaintiff entered ijpon a decision of the Queens County Court on tidal without a jury and granting a new trial. ■ The nature of the action and the facts, so far as material, are stated in the opinion. The complaint states a cause of action for a forfeiture under the' statute. (2 R. S. 64, § 41.) The statute begins to run only from the time when plaintiff discovered the fact that defendant was a witness to the will of the testator, and not…
1Opinion of the CourtBaetlett, J.
This action is brought to recover a forfeiture under the Statute of Wills (2 R. S. [Edmonds’ edition] page 64, § 41), which reads as follows : “ The witnesses to any will, shall write opposite to their names their respective places of residence; and every person who shall sign the testator’s name to.any will by his direction, shall write his own name as a witness to the will. Whoever shall neglect to comply with either of these provisions, shall forfeit fifty dollars, to be recovered by any person interested in the property devised or bequeathed, who will sue for the same. Such omission shall…
2Cases cited13 opinions
- Matter of of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
- Vose v. . CockcroftNew York Court of Appeals · 1871
- The People v. . Fire Association of Phil'A.New York Court of Appeals · 1883
- Frees v. . FordNew York Court of Appeals · 1852
- Steers v. Liverpool, New York & Philadelphia Steamship Co.New York Court of Appeals · 1874
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3Cited by31 opinions
- People v. . RosenheimerNew York Court of Appeals · 1913
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- Nathan v. Equitable Trust Co.New York Court of Appeals · 1929
- Mercer v. ThorleyWyoming Supreme Court · 1935
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