Vogel v. . Lehritter
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made April 6, 1892, which denied a motion by defendant Charles Lehritter for a new trial.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made April 6, 1892, which denied a motion by defendant Charles Lehritter for a new trial. This action was brought for the purpose of obtaining a partition of two lots in West Tliirty-eiglith street in the city of Hew York, which formerly belonged to one Maria Anna Lehritter, who died in Germany, January 29, 1890. The complaint alleged that the plaintiff, among others, was an heir at law of the former owner, Mrs. Lehritter, and that she had died intestate, and that a document which had been presented…
1Opinion of the CourtPeckham, J.
We are entirely satisfied Avith the opinion of the referee in this case, and think it unnecessary to ourselves add anything further than to notice very briefly one or tivo criticisms that Avere made upon it by counsel for the appellant in the course of the argument here. It is said the A'ital point in the case is whether the final Avriting (contained in the foregoing ninth subdivision of the statement of facts) Avas executed as a avíII or codicil, and this point the counsel for the appellant says Avas Avliolly ignored by the referee.
On the contrary, avc think he not only did not ignore it,…
2Cases cited1 opinion
- Brown v. . ClarkNew York Court of Appeals · 1879
3Cited by8 opinions
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- Johnston v. KingSupreme Court of Alabama · 1948
- In re Proving the Last Will & Testament of CoganAppellate Division of the Supreme Court of the State of New York · 1918
- In re the Last Will & Testament of PanousserisOrphan's Court of Delaware · 1959
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