Appell v. Appell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Albert J. Appell, and by the defendant, Emelia A. Sauer, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of November, 1916, granting a motion by certain of the respondents for judgment on the pleadings and sustaining a demurrer to the complaint.
1Opinion of the Court
Scott, J.:
The action is for the partition of the real property which belonged to Jacob Appell at the time of his death, and the only question presented is as to the validity of his attempted disposition of his property by his last will and testament. If such disposition was valid, the plaintiff and other heirs at law of said Jacob Appell have no present title to the real estate which would entitle them to a partition. If invalid, the testator died intestate as to his real property and an action for partition will lie.
The will was duly admitted to probate by a decree of the Surrogate’s Court.…
2Cases cited3 opinions
- Hascall v. . KingNew York Court of Appeals · 1900
- Sawyer v. . CubbyNew York Court of Appeals · 1895
- Burke v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by15 opinions
- In re the Estate of AdlerNew York Surrogate's Court · 1937
- Evans v. AppellAppellate Division of the Supreme Court of the State of New York · 1924
- In re United States Mortgage & Trust Co.New York Surrogate's Court · 1929
- In re the Estate of LoomisNew York Surrogate's Court · 1935
- In re AppellAppellate Division of the Supreme Court of the State of New York · 1922
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