Leggett v. . Stevens
New York Court of Appeals
Appeal from a final judgment, entered September 11, 1905, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, which affirmed an interlocutory judgment entered upon the report of a referee in an action to obtain a judicial construction of the will of William P. Stevens, deceased, and for an accounting.
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Appeal from a final judgment, entered September 11, 1905, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, which affirmed an interlocutory judgment entered upon the report of a referee in an action to obtain a judicial construction of the will of William P. Stevens, deceased, and for an accounting. William P. Stevens died at Cuba, Allegany county, Eew York, in April, 1896, leaving him surviving his widow, Minerva P. Stevens, and a son, the appellant, Addison S. Stevens, his only heir at law and next of kin. The respondent, Helen S. Eldridge, had…
1Opinion of the CourtWerner, J.
The first cpiestion urged upon our attention by the learned counsel for the appellant is that ■ the referee erred in denying his motion to dismiss the complaint at the opening of the trial, and also his request for a nonsuit. The motion to dismiss was made upon the ground that the complaint did not state facts sufficient to constitute a cause of action, and the request for a nonsuit involved practically the same question.
We think the action was properly brought by the plaintiff as executor of the widow, and that the complaint states, a 'cause of action. The referee has found, upon ample…
2Cases cited8 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- Brown v. . QuintardNew York Court of Appeals · 1903
- Matter of Accounting of BensonNew York Court of Appeals · 1884
- Trask v. . SturgesNew York Court of Appeals · 1902
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3Cited by36 opinions
- Pipe v. CommissionerUnited States Tax Court · 1954
- In Re the Estate of ColegroveNew York Court of Appeals · 1917
- Dreyer v. . ReismanNew York Court of Appeals · 1911
- Rogers v. . Atlantic, Gulf Pacific Co.New York Court of Appeals · 1915
- In re the Judicial Settlement of the Account of Proceedings of HamlinAppellate Division of the Supreme Court of the State of New York · 1910
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