Layton v. Kraft
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edward A. Layton, from a judgment of the Supreme Court in favor of the defendants, entered in the office' of the clerk of the county of Mew York on the 6th day of July, 1905, upon the decision of the court, rendered at the Mew York Special Term, dismissing the complaint, certain questions of fact having been submitted to a jury at the Mew York Trial Term, and a verdict in favor of the defendants' having been rendered by direction of the court, and…
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Appeal by the plaintiff, Edward A. Layton, from a judgment of the Supreme Court in favor of the defendants, entered in the office' of the clerk of the county of Mew York on the 6th day of July, 1905, upon the decision of the court, rendered at the Mew York Special Term, dismissing the complaint, certain questions of fact having been submitted to a jury at the Mew York Trial Term, and a verdict in favor of the defendants' having been rendered by direction of the court, and also from an order entered in said clerk’s office on the 9th day of June, 1905, denying the plaintiff’s motion for a new…
1Opinion of the Court
Houghton, J.:
Although Anna E. St. John left a will, it is conceded that she died intestate as to the real property described in the complaint. The action is in partition, the plaintiff allegihg that he and his sister, the defendant Kraft, are 'the only heirs at law of the deceased. The relationship claimed is, that the plaintiff’s grandmother was a sister of the mother of the deceased. The grandmother’s name was Maria Hyer, and she married Alexander Tulloch, and plaintiff asserts that the mother of the deceased was Hannah Eliza Hyer, who married Francis Bos, and that both were children of…
2Cases cited12 opinions
- Fulkerson v. HolmesSupreme Court of the United States · 1886
- The People v. . SnyderNew York Court of Appeals · 1869
- Stebbins v. DuncanSupreme Court of the United States · 1883
- People Ex Rel. Haines v. SmithNew York Court of Appeals · 1871
- Young v. . ShulenbergNew York Court of Appeals · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Fairchild v. Union Ferry Co.New York Supreme Court · 1923
- In re the Estate of FooteNew York Surrogate's Court · 1957
- In re the Probate of the Will ValenteNew York Surrogate's Court · 1959
- In re the Application for Letters of Administration upon the Estate of GrecoNew York Surrogate's Court · 1915
- In re the Estate of WhalenNew York Surrogate's Court · 1932
11 more not listed; retrieve them via the Exa API.