Legal Opinion

Orth v. Kaesche

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

Decided December 31, 1914PublishedCited by 4 opinions

Appeal by the plaintiffs, Paul Orth 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 New York on the 4th day of March, 1914, dismissing the complaint upon the decision of the court after a trial at the New York Special Term.

1Opinion of the Court

Scott, J.:

The purpose of this action is to obtain a judgment canceling and annulling two certain instruments executed by the plaintiff Paul Orth, and by Carl Orth, the deceased father of the plaintiffs Carl B. Orth and Louisa A. Seufferheld.

The following are the facts: On or about April 9, 1905, one Alfred Orth, a resident of this State, died at Woodhaven, Queens county, leaving a last will and testament, dated on or about August 5, 1904. This will was duly admitted to probate on June 15, 1905, and the defendants Max B. Kaesche and Frank H. Wasel were duly appointed executors. The estate…

2Cases cited4 opinions

  1. Curtis and Others v. . LeavittNew York Court of Appeals · 1857
  2. Abner M. Harper, Inc. v. City of NewburghAppellate Division of the Supreme Court of the State of New York · 1913
  3. Crowe v. . LewinNew York Court of Appeals · 1884
  4. Vinal v. Continental Construction & Improvement Co.New York Supreme Court · 1889

3Cited by4 opinions

  1. In re the Estate of WingNew York Surrogate's Court · 1937
  2. In re the Estate of ThompsonNew York Surrogate's Court · 1921
  3. Mutual Benefit Health & Accident Ass'n v. HolzAppellate Division of the Supreme Court of the State of New York · 1958
  4. Orth v. KaescheAppellate Division of the Supreme Court of the State of New York · 1915

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