Wadsworth v. . Hinchcliff
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 18, 1914, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, aré stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 18, 1914, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, aré stated in the opinion. An heir can maintain an action in partition under section 1537 of the Code of Civil Procedure and establish in that action that a devise contained in the will of his ancestor and a deed and a mortgage or other claim affecting the title to the real premises sought to…
1Opinion of the CourtSeabury, J.
This action was brought to partition real estate and to set aside the last will and testament of Frank Gr. Wadsworth, deceased. The testator died April 10th, 1913, seized of real estate. In 1912 he made his last ‘ will under the provisions of which, after providing for-certain legacies, he gave all the residue of his property, real and personal, to E. Elizabeth Hinchcliff, and appointed Louis E. Mather and Willard G-. Comstock executors: Proceedings were instituted for the probate
of said will before the surrogate of Oneida county. The plaintiffs in this action filed answers in the Surrogate’s…
2Cases cited3 opinions
- Hoyt v. . HoytNew York Court of Appeals · 1889
- Bowen v. SweeneyNew York Supreme Court · 1895
- In re Proving the Last Will & Testament of FischerAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by6 opinions
- In re the Probate of the Last Will & Testament of O'MeliaAppellate Division of the Supreme Court of the State of New York · 1925
- Ross v. FidaAppellate Division of the Supreme Court of the State of New York · 1943
- Cassidy v. SavageNew York Supreme Court · 1934
- In re the Probate of the Will of GehlertNew York Surrogate's Court · 1942
- In re the Probate of the Will of BennettAppellate Division of the Supreme Court of the State of New York · 1923
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