Equitable Life Assurance Society v. Wilds
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Equitable Life Assurance Society of the United States, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of January, 1918, denying its motion for judgment on the pleadings consisting of an amended complaint and the answer thereto.
1Opinion of the Court
Page, J.:
This is an action brought against the executor of Catherine H. B. Smith, to recover from her estate $38,000, the agreed value, over and above all incumbrances, of certain real estate, devised to her by her husband. The facts alleged in the amended complaint more briefly stated are as follows: On April 23, 1900, William Wheeler Smith executed his bond to pay the sum of $1,400,000 to the plaintiff and as security therefor executed a mortgage on premises known as Nos. 3, 5 and 7 Wall street and 84 Broadway. William Wheeler Smith died April 5, 1908, leaving a will and codicil which were…
2Cases cited7 opinions
- Glacius v. . FogelNew York Court of Appeals · 1882
- Kingsland v. . MurrayNew York Court of Appeals · 1892
- Lawrence v. . MillerNew York Court of Appeals · 1849
- Dunning v. DunningNew York Supreme Court · 1894
- Personeni v. . GoodaleNew York Court of Appeals · 1910
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3Cited by5 opinions
- Jemzura v. JemzuraNew York Court of Appeals · 1975
- In re the Estate of TaylorNew York Surrogate's Court · 1923
- Ehnes v. NolanNew York Supreme Court · 1953
- Equitable Life Assurance Society of United States v. WildsAppellate Division of the Supreme Court of the State of New York · 1919
- Matter of KahnAppellate Division of the Supreme Court of the State of New York · 2019