Parker v. Linden
New York Supreme Court
Appeal from special term, New York county. Action by John Parker and Robert Graham, executors, etc., of James Linden, deceased, against Maria Linden, James Lego, alias Lythgoe, and others, for the construction of the will of James Linden, for a sale of testator’s realty, And for a decree declaring certain legacies as having lapsed by the death of the devisees during testator’s life-time.
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Appeal from special term, New York county. Action by John Parker and Robert Graham, executors, etc., of James Linden, deceased, against Maria Linden, James Lego, alias Lythgoe, and others, for the construction of the will of James Linden, for a sale of testator’s realty, And for a decree declaring certain legacies as having lapsed by the death of the devisees during testator’s life-time. The will was dated November 9, 1879, .and testator died in New York City on June 10,1885. One of the devisees— •testator’s half-sister, Jane Lego, alias Jane Smith—went to Australia from Liverpool, Eng.,…
1Opinion of the CourtVan Brunt, P. J.
The question upon the appeal from the order is whether the court should have vacated the judgment which had been entered herein, it appearing that at the time of the entry of the judgment the time to answer of one of the defendants had not expired. It does not seem necessary to discuss at length any such proposition. It is true that upon the trial of the case there had been an adjudication that this defendant was dead; but it would seem that she was very much alive, notwithstanding the adjudication, and that she had appeared in the action, and had been granted leave to answer the complaint,…
2Cited by1 opinion
- Winter v. WinterNew York Court of Appeals · 1931