Allen v. . Allen
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made April 13, 1892, which affirmed a judgment entered upon a decision of the court on trial at Special Term sustaining the validity of a will. This was an action for the partition of certain lands in the city of Buffalo, brought to test the validity of the will of Lewis F. Allen, deceased. The following provisions of the will are material, viz.: “ IY.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made April 13, 1892, which affirmed a judgment entered upon a decision of the court on trial at Special Term sustaining the validity of a will. This was an action for the partition of certain lands in the city of Buffalo, brought to test the validity of the will of Lewis F. Allen, deceased. The following provisions of the will are material, viz.: “ IY. It is my will and intention that my said two children shall share in all the income, revenue, benefits and advantages of my…
1Opinion of the CourtBartlett, J.
The learned guardian cod litem for the infant respondents takes the preliminary point that upon the record as presented this appeal cannot be entertained, as it does not appear tint his clients were ever served with process.
It is sufficient answer to this suggestion that such a point ought to he brought to the attention of the court upon a formal motion to dismiss appeal after notice to all parties.
The record contains affidavits used in the proceeding to procure the appointment of the guardian cod lAtem which recite the due service of the summons and complaint on the infant defendants.
In…
2Cited by9 opinions
- Becker v. ChesterWisconsin Supreme Court · 1902
- Haug v. . SchumacherNew York Court of Appeals · 1901
- Verplanck v. TompkinsNew York Court of Appeals · 1898
- Stanley v. PayneNew York Supreme Court · 1909
- Long v. Union Trust Co.District Court, D. Indiana · 1921
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