Croker v. . Williamson
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 31, 1913, which affirmed an order of Special Term denying a motion by the appellants herein for j udgment on the pleadings.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 31, 1913, which affirmed an order of Special Term denying a motion by the appellants herein for j udgment on the pleadings. The following question was certified: On the answer of the defendants and the reply thereto by the plaintiff, were the defendants Harry Taylor and Thomas Taylor entitled to judgment upon the pleadings dismissing the complaint as against the said defendants ? ” The nature of the action and the facts, so far as material, are stated in the…
1Opinion of the CourtHiscock, J.
The question involved concerns the application of the Statute of Limitations to an action brought, as this one was, under section 2653a of the Code of Civil Procedure to determine generally the validity of a will and of the probate thereof.
That section provides that, with certain exceptions not important here, an action brought under its provisions “shall be commenced within two years after the will or codicil has been admitted to probate.” The appellants who are legatees -under the will here involved were nonresidents of the state and service of the summons was not made on them within the…
2Cases cited2 opinions
- Wells v. WellsSupreme Court of Missouri · 1898
- In re the Estate of FreudCalifornia Supreme Court · 1887
3Cited by18 opinions
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Prudential Insurance Co. of America v. StoneNew York Court of Appeals · 1936
- Fletcher v. Superior CourtCalifornia Court of Appeal · 1926
- Reger v. National Ass'n of Bedding Manufacturers Group Insurance Trust FundNew York Supreme Court · 1975
- Lewark v. DoddIllinois Supreme Court · 1919
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