Ellis v. Keeler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Martha Douglas and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 25tli day of November, 1907, upon the decision of the court, rendered after a trial at the Kings County Special Term, sustaining the plaintiff’s demurrer to a separate defense contained in the answer of the said defendants.
1Opinion of the Court
Hooker, J.:
This action was brought to enforce an alleged contract between the plaintiff and Julia A. Chapman, deceased, by which the plaintiff claimed that she is entitled to one-half of the real and personal property of said deceased; the complaint demands judgment that the parties to whom such property was devised and bequeathed by the will of the said Julia A. Chapman, convey and deliver to the said plaintiff one-half of the estate of said deceased after the payment of the debts and administration expenses. The alleged contract is set forth in the 6th paragraph of the complaint, which…
2Cases cited4 opinions
- Frank v. MandelAppellate Division of the Supreme Court of the State of New York · 1902
- Hearst v. McClellanAppellate Division of the Supreme Court of the State of New York · 1905
- New York & Mount Vernon Transportation Co. v. TyrolerAppellate Division of the Supreme Court of the State of New York · 1898
- Chu Pawn v. IrwinNew York Supreme Court · 1894
3Cited by5 opinions
- Rosiny v. SchmidtAppellate Division of the Supreme Court of the State of New York · 1992
- Marasco v. MorseNew York Supreme Court · 1940
- Daly v. HaightAppellate Division of the Supreme Court of the State of New York · 1914
- True v. OlderSupreme Court of Minnesota · 1948
- Shubert v. BuckAppellate Division of the Supreme Court of the State of New York · 1933