McNally v. Fitzsimons
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Mary E. Fitzsimons, individually, and others, from so much of an interlocutory judgment of the Supreme Court in- favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of November, 1901, upon the decision of the court, rendered after a trial at the New York Special Term, as overrules said defendants’ demurrer to the complaint.
1Concurrence
Laughlin, J. (concurring):
This action is brought to set aside a voluntary partition of real estate made by heirs of Ann Cassidy, deceased, on the ground of fraud. These heirs were John P. McNally, Mary E. Fitzsimons and Peter A. Cassidy.
It is alleged in the complaint that the plaintiff , is the father and sole heir of John P. McNally, who died on the 18th day of July, 1900, at Newark, N. J.; that for ten years prior to his death he was of unsound mind and confined in an insane asylum in the State of New Jersey; that on the 25th day of March, 1898, one William Harrigan ivas duly appointed…
2Cases cited12 opinions
- Clark v. . DillonNew York Court of Appeals · 1884
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Allerton v. . AllertonNew York Court of Appeals · 1872
- Oliphant v. . BurnsNew York Court of Appeals · 1895
- Hewlett v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
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