Legal Opinion

Lichtenberg v. Lichtenberg

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 1913PublishedCited by 4 opinions

Appeals by the plaintiff, Benjamin Lichtenberg, and the defendants, Eliza Lichtenberg and others, 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 10th day of February, 1913, denying a motion for distribution of a fund now in the hands of the chamberlain of the city of New York among the creditors of Moses J. Lichtenberg, deceased.

1Opinion of the Court

Scott, J.:

This appeal is brought on by persons interested, as creditors or otherwise, in the estate of Moses J. Lichtenberg, deceased. Just when said Lichtenberg died, or when letters testamentary were issued upon his will, are not disclosed by the papers before us, but it is evident that both of these events occurred less than three years before the motion from the denial of which this appeal is taken.

It appears that at the time of his death said Lichtenberg was seized of an undivided interest in certain real estate in the city of New York, which, after his death, was sold in partition, and…

2Cases cited3 opinions

  1. Erwin v. . LoperNew York Court of Appeals · 1871
  2. In re the Estate of DusenburyNew York Surrogate's Court · 1901
  3. Wood v. HubbardAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by4 opinions

  1. In re the Judicial Settlement of the Accounts of EganAppellate Division of the Supreme Court of the State of New York · 1921
  2. Griswold v. McDonaldNew York Supreme Court · 1913
  3. In re the Estate of CunniffNew York Surrogate's Court · 1935
  4. Farrell v. FarrellAppellate Division of the Supreme Court of the State of New York · 1923

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