Tillman v. . Ogren
New York Court of Appeals
Appeal from a judgment, entered October 11, 1918, upon an order of the Appellate Division of the Supreme Court in the first judicial department, affirming a judgment entered upon a decision of the court on trial at Special Term in so far as the same was appealed from by the plaintiff and reversing said judgment in so far as the same was appealed from by the defendant and directing a dismissal of the complaint.
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Appeal from a judgment, entered October 11, 1918, upon an order of the Appellate Division of the Supreme Court in the first judicial department, affirming a judgment entered upon a decision of the court on trial at Special Term in so far as the same was appealed from by the plaintiff and reversing said judgment in so far as the same was appealed from by the defendant and directing a dismissal of the complaint. In 1903 Lars Erickson and his wife, Anna C. Erickson, lived in Brooklyn. Mrs. Erickson owned a building at 522 Classon avenue in a part of which she lived with her husband. On January…
1Opinion of the CourtChase, J.
This action is brought to recover the amount of the two claims presented by the plaintiff to the defendant and which were rejected by him. The complaint is divided into two causes of action, one for the recovery of said $3,155.19 and interest, and the other for the recovery of said $1,500 and interest. Even if we admit that the plaintiff is right in her contentions in regard to the meaning and effect of the will of Anna C. Erickson, she cannot recover either of said amounts except upon a finding that such amounts or some part thereof, or of one of them, were derived by Lars Erickson under her…
2Cases cited15 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- Brown v. . KnappNew York Court of Appeals · 1879
- Leggett v. . FirthNew York Court of Appeals · 1892
10 more not listed; retrieve them via the Exa API.
3Cited by100 opinions
- Estate of Opal v. CommissionerUnited States Tax Court · 1970
- In Re the Will of FordeNew York Court of Appeals · 1941
- In re the Estate of ValentineNew York Surrogate's Court · 1924
- In re the Estate of WildenburgNew York Surrogate's Court · 1940
- In re the Construction of the Will of StephanNew York Surrogate's Court · 1950
95 more not listed; retrieve them via the Exa API.