Younger v. . Duffie
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made November 24,1882, which affirmed an interlocutory judgment entered upon an order overruling a demurrer to plaintiff’s complaint. (Reported below, 28 Hun, 242.) The nature of the action and the substance of the complaint are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made November 24,1882, which affirmed an interlocutory judgment entered upon an order overruling a demurrer to plaintiff’s complaint. (Reported below, 28 Hun, 242.) The nature of the action and the substance of the complaint are stated in the opinion. A paper purporting to be a will, executed in conformity with the laws of another country by a person “ temporarily residing ” in that country at the time of his death, but being “an inhabitant of and domiciled in this State,”…
1Opinion of the CourtEarl, J.
This action was brought under section 1861 of the Code of Civil Procedure to procure a judgment establishing an instrument as the last will and testament of Alfred N. Duffie. The complaint, among other things, alleges that Duffie, late United States consul at Andalusia, in the kingdom of Spain, temporarily residing at Cadiz in that kingdom, but an inhabitant of and domiciled in the county of Richmond and State of Hew York, died on the 8th day of November, 1880, at the city of Cadiz, and that he was at the time of his death possessed of personal property within the State of New York; that the…
2Cases cited4 opinions
- Jackson v. . JacksonNew York Court of Appeals · 1868
- In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
- M'Guire v. KerrNew York Surrogate's Court · 1853
- In re GilmanNew York Supreme Court · 1862
3Cited by32 opinions
- Albright v. NorthCalifornia Supreme Court · 1905
- In Re the Probate of the Last Will & Testament of LaudyNew York Court of Appeals · 1900
- Gardner v. BalboniSupreme Court of Connecticut · 1991
- In re Proving the Last Will & Testament of GibsonAppellate Division of the Supreme Court of the State of New York · 1908
- Lucas v. BrownCourt of Appeals of Kentucky · 1920
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