Westerfield v. . Rogers
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 30, 1901, dismissing appeals thereto and vacating and setting aside a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 30, 1901, dismissing appeals thereto and vacating and setting aside a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. This court is not ousted of its jurisdiction to determine the questions raised by this appeal, by the recital in the order of the Appellate Division that the action is dismissed upon the facts, as well as upon the aw. (Otten v. M. R. Co., 150 N. Y.…
1Opinion of the CourtHaight, J.
The facts, so far as they will be discussed by us, are without substantial dispute and are in substance as follows:
Jason Rogers died at Morrisania, Westchester county, where he resided, August 25tli, 1868, leaving him surviving his widow, Mary Ann Rogers, and Mary J. Rogers, now Westerfield, Flora E. Rogers and Thomas Rogers his only children and heirs at law. At the time of his death he was possessed of a large estate. He left a last will and testament which was duly admitted to probate in Westchester county as a will of real and personal property. By it lie, among other bequests, created…
2Cases cited8 opinions
- Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
- Otten v. Manhattan Railway Co.New York Court of Appeals · 1896
- Griggs v. . DayNew York Court of Appeals · 1899
- In re WesterfieldAppellate Division of the Supreme Court of the State of New York · 1898
- In re WesterfieldAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by4 opinions
- First Methodist Episcopal Church v. HullSupreme Court of Iowa · 1938
- Reich v. La Bau DyerNew York Court of Appeals · 1904
- Henderson v. DreyfusNew Mexico Supreme Court · 1920
- Ryan v. CommissionerUnited States Tax Court · 1949