Hermann v. Ludwig
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George Hermann, from a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Queens on the 20th day of August, 1918, dismissing the complaint on the merits upon the decision of the court after a trial at the Queens County Special Term.
Read the full summary
Appeal by the plaintiff, George Hermann, from a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Queens on the 20th day of August, 1918, dismissing the complaint on the merits upon the decision of the court after a trial at the Queens County Special Term. The plaintiff brought this action in equity to establish a joint will executed oh September 30, 1895, by himself and one Mary Hermann, deceased, praying for a decree that the provisions of such joint will are binding upon the estate of the deceased and upon the defendants in the…
1Opinion of the Court
Kelly, J. :
The relief demanded in the complaint, that the original last will and testament of the plaintiff and Mary Hermann be established and proved as the last will and testament of said Mary Hermann, deceased, and that letters testamentary be issued to plaintiff as sole executor thereunder, is not in accordance with the views expressed by this court in reversing the decree of the Surrogate’s Court admitting the joint will to probate. We then said, referring to the plaintiff’s claim that the joint will was executed in pursuance of an agreement between the decedent and himself, “ If such an…
2Cases cited16 opinions
- Edson v. . ParsonsNew York Court of Appeals · 1898
- Rastetter v. . HoenningerNew York Court of Appeals · 1915
- Frazier v. PattersonIllinois Supreme Court · 1909
- Winne v. . WinneNew York Court of Appeals · 1901
- Bower v. DanielSupreme Court of Missouri · 1906
11 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Tutunjian v. VetzigianNew York Court of Appeals · 1949
- Doyle v. FischerWisconsin Supreme Court · 1924
- Canada v. IhmsenWyoming Supreme Court · 1925
- Rubenstein v. MuellerNew York Court of Appeals · 1967
- Estate of Opal v. CommissionerUnited States Tax Court · 1970
51 more not listed; retrieve them via the Exa API.