Garlock v. . Vandevort
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department entered upon an order made October 23,1890, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Supreme Court had jurisdiction of this action.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department entered upon an order made October 23,1890, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Supreme Court had jurisdiction of this action. (Wager v. Wager, 89 N. Y. 161.) The Surrogate’s Court did not have jurisdiction to pass upon the validity of the contract, or the effect of the acts of Gilbert in presenting his claim against the estate and…
1Opinion of the CourtGray, J.
The plaintiff sets forth, in Ms complaint, two grounds for bringing tMs action to obtain a construction of the will of Thomas Vandevort, deceased. The one sought to raise a question as to the residence of a grandchild, as bearing upon her capacity to be a legatee of certain property, and the other related to a clause of the codicil nullifying bequests and devises, in the event of any of the testator’s children presenting to his executor claims against the estate, other than for the bequest or devise given in the will; practically speaMng, cutting off the child in such an event. At the time…
2Cases cited2 opinions
- Schuehle v. . ReimanNew York Court of Appeals · 1881
- In Re the Judicial Settlement of the Accounts of the ExecutorsNew York Court of Appeals · 1883
3Cited by38 opinions
- Colson v. PelgramNew York Court of Appeals · 1932
- Matter of LeeNew York Court of Appeals · 1917
- In re the Estate of EvansNew York Surrogate's Court · 1937
- Borrowe v. CorbinAppellate Division of the Supreme Court of the State of New York · 1898
- In re Jacqueline F.New York Surrogate's Court · 1978
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