Legal Opinion

Rosekrans v. Rosekrans

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

Decided July 31, 1914PublishedCited by 8 opinions

Appeal by the plaintiff, Eleanor 0. Rosekrans, and the defendants, Elizabeth Rosekrans and others, from a judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of Kings on the 15th day of January, 1914, dismissing the complaint upon the merits upon the decision of the court after a trial at the Kings County Special Term.

1Opinion of the Court

Rich, J.:

The plaintiff and several of the defendants unite in an appeal from a judgment of the Special Term in favor of the defendants, respondents, the widow and adopted daughter of Thomas Rosekrans, deceased, in an action for the partition of real property of which the decedent died seized. Thomas Rosekrans died intestate, leaving him surviving, in addition to his said widow and adopted daughter, a sister (the plaintiff), and a mother brother and nephew, who are made defendants. He owned at the time of his death several parcels of real property (upon which there were existing mortgage…

2Cases cited7 opinions

  1. In Re the Appraisal, Under the Transfer Tax Act, of the Estate of CookNew York Court of Appeals · 1907
  2. Gilliam v. . Guaranty Trust Co.New York Court of Appeals · 1906
  3. Dodin v. DodinAppellate Division of the Supreme Court of the State of New York · 1897
  4. United States Trust Co. v. HoytAppellate Division of the Supreme Court of the State of New York · 1912
  5. Dodin v. . DodinNew York Court of Appeals · 1900

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Warren Company v. DicksonSupreme Court of Georgia · 1938
  2. In re the Estate of MarshNew York Surrogate's Court · 1932
  3. In re the Estate of GuilmartinNew York Surrogate's Court · 1935
  4. In re the Application to Abrogate the Adoption of PierroNew York Surrogate's Court · 1940
  5. In re the Estate of BatesNew York Surrogate's Court · 1940

3 more not listed; retrieve them via the Exa API.

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