Tonnele v. . Wetmore
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 23, 1908, reversing a judgment in favor of defendants entered upon the report of a referee. The nature of the action and the facts, sp far as material, are stated in the opinion. The Supreme Court of this state has jurisdiction over suits involving the construction of trust provisions in a will. (Bailey v. Briggs, 56 FT. Y. 407 ; Anderson v. Anderson,, 112 FT.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 23, 1908, reversing a judgment in favor of defendants entered upon the report of a referee. The nature of the action and the facts, sp far as material, are stated in the opinion. The Supreme Court of this state has jurisdiction over suits involving the construction of trust provisions in a will. (Bailey v. Briggs, 56 FT. Y. 407 ; Anderson v. Anderson,, 112 FT. Y. 104; Bead v. Williams, 125 FT. Y. 560; Kalish v. Kalish, 166 N. Y. 368; Hawley v. James, 5 Paige, 318.) The present…
1Opinion of the CourtChase, J.
This is an action of ejectment, but the only questions that we will discuss upon this appeal relate to the jurisdiction of the Supreme Court, upon certain facts hereinafter stated, to entertain an action to construe a will affecting the real property mentioned in the complaint, and whether the judgment in such action is binding upon the plaintiff herein who was born subsequent to the rendition of the judgment in that action.
John Tonnele died yovember 26, 1852, seized of the real property mentioned in the complaint, leaving a will which was duly admitted to probate in this state. lie left a…
2Cases cited22 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- In Re Proving the Will of MountNew York Court of Appeals · 1906
- Kalish v. . KalishNew York Court of Appeals · 1901
- Post v. . HoverNew York Court of Appeals · 1865
- Chipman v. . MontgomeryNew York Court of Appeals · 1875
17 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Malone v. MeresSupreme Court of Florida · 1926
- McLeod Ex Rel. McLeod v. Linde Air Products Co.Supreme Court of Missouri · 1927
- Colorado & Southern Railway Co. v. BlairNew York Court of Appeals · 1915
- Executors of Fooks v. GhingherCourt of Appeals of Maryland · 1937
- Chicago Great Western Railroad v. KemperSupreme Court of Missouri · 1914
30 more not listed; retrieve them via the Exa API.