Legal Opinion

Johnston v. Gundberg

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

Decided May 11, 1906PublishedCited by 1 opinion

Appeal by the defendant, Katharina' Gundberg, individually and and as administratrix with the will annexed of Dora Parks, 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 New York on the 30th day of January, 1906, upon the decision of the court rendered after a trial at the New York Special' Term overruling the defendant’s demurrer to the .plaintiff’s complaint.

1Opinion of the Court

Ingraham, J.:

The complaint alleges that in September and October, 1903, the plaintiff loaned and advanced to one Samuel Parks $1,500; that Parks died on May 4, 1904, leaving a last will and testament which was duly admitted to probate on the 10th day of August, 1905; that by his -will the said Parks left all his real and -personal property to his widow, Dora Parks, and also appointed his said wife executrix; that no letters testamentary were issued to said Dora Parks, or to any other person; that said Dora Parks departed this life on or about the 27th day of September, 1904, leaving a last…

2Cases cited3 opinions

  1. Cook v. LakeAppellate Division of the Supreme Court of the State of New York · 1900
  2. Continental National Bank v. MooreAppellate Division of the Supreme Court of the State of New York · 1903
  3. National Shoe & Leather Bank v. BakerNew York Court of Appeals · 1896

3Cited by1 opinion

  1. Calkins v. StedmanAppellate Division of the Supreme Court of the State of New York · 1911

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