Thomson v. Tracy
New York Court of Appeals
This was a motion, on behalf of Kate B. Howland, claiming to be sole heir and next of kin of James B. Taylor, deceased, of whose estate defendants are sued as executor and executrix, to strike the appeal herein from the calendar, or to postpone the argument until after the determination of proceedings on a writ of prohibition.
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This was a motion, on behalf of Kate B. Howland, claiming to be sole heir and next of kin of James B. Taylor, deceased, of whose estate defendants are sued as executor and executrix, to strike the appeal herein from the calendar, or to postpone the argument until after the determination of proceedings on a writ of prohibition. James B. Taylor died in Hew York city in August, 1870. A paper, purporting to be his last will and testament, was presented for probate to the surrogate of the county of Hew York. The probate was opposed on the ground that the will was a forgery. On the 16th March,…
1Opinion of the CourtAllen, J.
Mrs. Kate B. Howland, a stranger to the record, but claiming- to be the next of kin and sole heir at law of the deceased, and alleging that the deceased died intestate, applies, upon notice to the attorneys of the respective parties to this appeal, to strike the cause from the calendar, or that the hearing of the case upon the appeal be ' postponed until the final determination of the proceedings upon the writ of prohibition mentioned in the papers.
It is urged in support of the motion :
First. That the appellants have no legal right as executor and executrix of the alleged last will of the…
2Cases cited2 opinions
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- People v. S. S. SewardNew York Supreme Court · 1832
3Cited by1 opinion
- Sprague v. . City of RochesterNew York Court of Appeals · 1899