Ocobock v. Eeles
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, May C. Eeles, Boyd Packer Eeles and Ella P. Eeles, as executrix, etc., of Caroline S. Gaylord, deceased, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cayuga on the 18th day of July, 1898, upon the decision of the court rendered after a trial at the Cayuga Special Term overruling the said defendants’ demurrer to the plaintiff's complaint.
Read the full summary
Appeal by the defendants, May C. Eeles, Boyd Packer Eeles and Ella P. Eeles, as executrix, etc., of Caroline S. Gaylord, deceased, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cayuga on the 18th day of July, 1898, upon the decision of the court rendered after a trial at the Cayuga Special Term overruling the said defendants’ demurrer to the plaintiff's complaint. This action is brought under section 2653a of the Code of Civil Procedure to determine the validity of the probate of the will. The demurrer was…
1Opinion of the Court
Hardin, P. J.:
This action was commenced on the 22d of September, 1897. Plaintiff in her complaint alleges that on the 6th of February, 1897, Caroline S. Gaylord departed this life in the city of Auburn at her home, that about the 5th day of September, 1895, she made and executed her last will and testament “in and by which, among other devises and bequests, said Caroline S. Gaylord devised and bequeathed to this plaintiff and the defendant Clarence Ocobock, this plaintiff’s son, a house and lot on Hoffman street, in said city aforesaid. *116* * * That thereafter, and on or about the 2d day of…
2Cases cited3 opinions
- Lewis v. . CookNew York Court of Appeals · 1896
- Snow v. HamiltonNew York Supreme Court · 1895
- Thomas v. ThomasAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Goldsberry v. GreenUtah Supreme Court · 1938
- Wells v. BettsAppellate Division of the Supreme Court of the State of New York · 1899
- Estate of McLaughlin, Superior Court of California, County of San Francisco1887