Duck v. McGrath
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Madeline M. Duck and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 5th day of December, 1913, denying plaintiffs’ motion for judgment on the pleadings, and sustaining a demurrer interposed by the respondents to the complaint, with leave to plaintiffs to amend and plead over.
1Opinion of the Court
Burr, J.:
Sarah E. Bergen and Edith L. Bergen, the former the widow and the latter the daughter and only heir at law and next of kin of Leffert L. Bergen, deceased, and who are made codefendants with Robert H. McGrath, Maria A. McGrath and the Brooklyn Trust Company, have demurred to plaintiffs’ complaint for insufficiency. Upon such demurrer the following facts must be deemed to be admitted:
On February 9, 1903, in proceedings then pending in the Supreme Court for the sale of infants’ real estate, Robert H. McGrath was appointed special guardian of plaintiffs, who *484were then infants, upon…
2Cases cited8 opinions
- Perkins v. . StimmelNew York Court of Appeals · 1889
- Livingston v. NewkirkNew York Court of Chancery · 1818
- Long v. . LongNew York Court of Appeals · 1894
- In re PyeAppellate Division of the Supreme Court of the State of New York · 1897
- Mawhinney v. . BlissNew York Court of Appeals · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In re the Accounting of BeecherNew York Surrogate's Court · 1950
- In re the Estate of VolckeningNew York Surrogate's Court · 1972
- In re the Estate of ElyNew York Surrogate's Court · 1934
- In re the Estate of VetroockNew York Surrogate's Court · 1962
- In re the Construction of the Will of DouglasNew York Surrogate's Court · 1949
11 more not listed; retrieve them via the Exa API.