Ray v. Fowler
Appellate Division of the Supreme Court of the State of New York
Appeals by the plaintiff, L. Francis Ray, from orders of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of September, 1921, sustaining several demurrers to the complaint, and from judgments of the Supreme Court in favor of the defendants Harry L. Powers, individually and as surviving executor and trustee of Jesse W. Powers, deceased, and Elizabeth H. Powers, entered in the office of the…
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Appeals by the plaintiff, L. Francis Ray, from orders of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of September, 1921, sustaining several demurrers to the complaint, and from judgments of the Supreme Court in favor of the defendants Harry L. Powers, individually and as surviving executor and trustee of Jesse W. Powers, deceased, and Elizabeth H. Powers, entered in the office of the clerk of the county of New York on the 10th day of October, 1921, dismissing the complaint, and also from an order entered…
1Opinion of the Court
Merrell, J.:
This action is brought, pursuant to section 101 of the Decedent Estate Law (as amd. by Laws of 1919, chap. 91) and sections 1844-1860 of the Code of Civil Procedure,* to obtain an adjudication that devisees under the will of Jesse W. Powers, deceased, are liable for an alleged debt of the testator now owned by the plaintiff, as assignee, to the extent of the interest of such devisees in three parcels of real property, situated in New York city. The debt sued upon arose by simple contract, and, if the title to the real property in question is vested in such devisees under…
2Cases cited7 opinions
- Matter of TienkenNew York Court of Appeals · 1892
- Cooke v. . PlattNew York Court of Appeals · 1885
- Heermans v. . BurtNew York Court of Appeals · 1879
- Van Cott v. Van CottAppellate Division of the Supreme Court of the State of New York · 1915
- Van Cott v. . Van CottNew York Court of Appeals · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re the Accounting of BecherNew York Surrogate's Court · 1953
- In re the Estate of Van ZandtNew York Surrogate's Court · 1931
- In re FrechAppellate Division of the Supreme Court of the State of New York · 1927
- In re the Estate of LeahyNew York Surrogate's Court · 1922
- In re the Petition of BarthenNew York Surrogate's Court · 1926
1 more not listed; retrieve them via the Exa API.