Wallace v. Payne
Appellate Division of the Supreme Court of the State of New York
Upon the first hearing of the appeal in this action the judgment appealed from was affirmed, the case being reported in 9 Appellate Division, page 34. A reargument was afterwards ordered.
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Upon the first hearing of the appeal in this action the judgment appealed from was affirmed, the case being reported in 9 Appellate Division, page 34. A reargument was afterwards ordered. The plaintiff, by his complaint, alleges that he is the son and the only heir at law of Eliza Ann Williams, deceased; that her alleged will had been filed in the office of the Surrogate’s Court for probate, by which, after giving several legacies,. she gave the residue of her estate, real and personal, to the- defendant Payne and nominated him executor of the will; that the will was not duly executed; that…
1Opinion of the Court
Bradley, J.:
This is an. action in equity by the heir at law of Eliza Ann Williams to have her alleged will declared void. The first hearing of the appeal resulted in affirmance of the judgment appealed from,, on the ground that the plaintiff had an adequate remedy at law by virtue of section 2653a of the Code of Civil Procedure. (9 App.Div. 34.) This had been held to be the effect of that section in Lewis v. Cook (89 Hun, 183). But the Court of Appeals on the review of that case held to the contrary, and reversed the judgment. (Lewis v. Cook, 150 N. Y. 163.) Thereupon a reargument of the case…
2Cases cited7 opinions
- Anderson v. . AndersonNew York Court of Appeals · 1889
- Corley v. . McElmeelNew York Court of Appeals · 1896
- Brady v. . McCoskerNew York Court of Appeals · 1848
- Lewis v. . CookNew York Court of Appeals · 1896
- McCosker v. BradyNew York Court of Chancery · 1846
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3Cited by7 opinions
- Alfred University v. FraceAppellate Division of the Supreme Court of the State of New York · 1920
- In re the Probate of a Paper Propounded as the Last Will & Testament of ConnellNew York Surrogate's Court · 1912
- Bouton v. FlehartyAppellate Division of the Supreme Court of the State of New York · 1926
- Velsor v. FreemanNew York Supreme Court · 1922
- Delabarre v. McAlpinAppellate Division of the Supreme Court of the State of New York · 1902
2 more not listed; retrieve them via the Exa API.