Hull v. . Hull
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 8, 1916, affirming a final judgment of Special Term, which dismissed the complaint on the merits as to each of the respondents, overruled a demurrer to a separate defense contained in the answer of John Hull, Jr., interposed by plaintiff upon the ground of insufficiency thereof as a defense, and a further demurrer to two additional separate defenses and…
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 8, 1916, affirming a final judgment of Special Term, which dismissed the complaint on the merits as to each of the respondents, overruled a demurrer to a separate defense contained in the answer of John Hull, Jr., interposed by plaintiff upon the ground of insufficiency thereof as a defense, and a further demurrer to two additional separate defenses and counterclaims in the same answer, and awarding to John Hull, Jr., affirmative judgment on the counterclaims. Also, overruling…
1Opinion of the CourtHogan, J.
The complaint alleges that plaintiff and the defendants are brothers, sons of John Hull, Sr., who died June 25th, 1897, leaving a last will which was duly admitted to probate, the issuance of letters testamentary thereon to defendant John Hull, Jr., the executor named therein, who duly qualified. That under the terms of said will plaintiff was given a residuary interest of one-seventh in said estate which amounts to more than $1,478.25, no part of which has been paid; that on August 18, 1899, plaintiff at the request of John Hull, Jr., executed, acknowledged and delivered to the latter an…
2Cases cited4 opinions
- Fulton County Gas & Electric Co. v. Hudson River Telephone Co.New York Court of Appeals · 1911
- In Re the Judicial Settlement of the Account of RandallNew York Court of Appeals · 1897
- Thistle v. JonesAppellate Division of the Supreme Court of the State of New York · 1907
- Peters v. Needham Piano & Organ Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by32 opinions
- In re the Estate of MullinNew York Surrogate's Court · 1932
- In re the Estate of KummerAppellate Division of the Supreme Court of the State of New York · 1983
- Dresdner v. Goldman Sachs Trading Corp.Appellate Division of the Supreme Court of the State of New York · 1934
- Behrens v. SkellyCourt of Appeals for the Third Circuit · 1949
- Eidelberg v. ZellermayerAppellate Division of the Supreme Court of the State of New York · 1958
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