Legal Opinion

Leggett v. Stevens

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

Decided July 1, 1902PublishedCited by 9 opinions

Appeal by the plaintiff, John O. Leggett, as executor, etc., of Minerva P. Stevens, deceased, and by the defendant Helen S. Eldridge, from a judgment of the Supreme Court in favor of the defendant Addison S. Stevens, both individually and as administrator with the will annexed of William P. Stevens, deceased, "entered in the office of the clerk of the county of Allegany on the 5th day of September, 1902, upon the decision of the court, rendered after a trial at the Allegany…

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Appeal by the plaintiff, John O. Leggett, as executor, etc., of Minerva P. Stevens, deceased, and by the defendant Helen S. Eldridge, from a judgment of the Supreme Court in favor of the defendant Addison S. Stevens, both individually and as administrator with the will annexed of William P. Stevens, deceased, "entered in the office of the clerk of the county of Allegany on the 5th day of September, 1902, upon the decision of the court, rendered after a trial at the Allegany Special Term, sustaining said Addison S. Stevens’ demurrer to the complaint. Also an appeal by the plaintiff, John C.…

1Opinion of the Court

McLennan, J.:

So far as material to note, the allegations of the complaint are that one William P. Stevens, a resident of Cuba, Allegany county, N. V., died on the 18th day of April, 1898, seized and possessed of certain real and personal property, leaving a last will and testament which was duly admitted to probate, and leaving him surviving his wife, Minerva P. Stevens, and his son, Addison S. Stevens, his only heir at law and next of kin, and the defendant Helen S. Eldridge, who sustained to him the relation of child; that Addison S. Stevens and the widow, Minerva. P. Stevens, were duly…

2Cases cited5 opinions

  1. Sage v. . CulverNew York Court of Appeals · 1895
  2. Smith v. . Van OstrandNew York Court of Appeals · 1876
  3. Ward v. . PetrieNew York Court of Appeals · 1898
  4. In Re the Judicial Settlement of the Account of MoehringNew York Court of Appeals · 1897
  5. In re the Judicial Settlement of the Account of Proceedings of UngrichAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by9 opinions

  1. Bushe v. WrightAppellate Division of the Supreme Court of the State of New York · 1907
  2. Peck v. . SmithNew York Court of Appeals · 1919
  3. Hastings v. H. M. Byllesby & Co.New York Court of Appeals · 1941
  4. Secor v. Tradesmen's National BankAppellate Division of the Supreme Court of the State of New York · 1904
  5. Bacon v. SayreNew York Supreme Court · 1913

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