Legal Opinion
Walter v. Walter
New York Supreme Court
Decided October 15, 1908PublishedCited by 3 opinions
Memorandum upon settlement of form of decision and judgment.
1Opinion of the CourtBischoff, J.
As I have had occasion to rule in Hafner v. Hafner, 34 Misc. Rep. 99, allowances to defendants, in addition to costs, under section 3253 of the Code of Civil Procedure, cannot be made in an action for the construction of a will. This situation results from the framing of sections 3252 and 3253, which are similar to the corresponding provisions of sections 308 and 309 of the Code of Civil Procedure, as construed in Downing v. Marshall, 37 N. Y. 380. Such slight changes of phraseology as have occurred in these provisions do not affect the force of Downing v. Marshall as an authority (Matter of…
2Cases cited5 opinions
- Downing v. . MarshallNew York Court of Appeals · 1867
- Matter of Application of HoldenNew York Court of Appeals · 1891
- In re the Final Judicial Settlement of the Accounts of RobinsonAppellate Division of the Supreme Court of the State of New York · 1899
- Doremus v. DoremusNew York Supreme Court · 1892
- Hafner v. HafnerNew York Supreme Court · 1901
3Cited by3 opinions
- In re the Estate of O'BrienNew York Surrogate's Court · 1933
- Carley v. HarperAppellate Division of the Supreme Court of the State of New York · 1915
- MacFarlane v. BrowerNew York Supreme Court · 1909