Dickerson v. Sheehy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Mary E. Dickerson and another, and the defendants, Agnes Marie Klauer and another, from a judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of Mew York on the 1st day of October, 1912, upon the decision of the court, rendered after a trial at the Mew York Special Term, sustaining a demurrer to the complaint and dismissing the same upon the merits.
1Opinion of the Court
McLaughlin, J.:
Action to partition certain real estate in the city of New York. Two of the defendants demurred to the' complaint upon the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was sustained and from a final judgment dismissing the complaint the plaintiffs and two of the defendants appeal.
Whether the complaint states a cause of action depends entirely upon the construction tó he put upon the will of Patrick Sheehy. He died on the 24th of February, 1896, leaving him surviving a Widow, two sons and three daughters. By his will, after «certain…
2Cases cited9 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- In Re the Accounting of CraneNew York Court of Appeals · 1900
- Warner v. . DurantNew York Court of Appeals · 1879
- National Park Bank v. BillingsAppellate Division of the Supreme Court of the State of New York · 1911
- The National Park Bank of New York v. . BillingsNew York Court of Appeals · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Fulton Trust Co. v. . PhillipsNew York Court of Appeals · 1916
- United States Trust Co. v. TaylorAppellate Division of the Supreme Court of the State of New York · 1920
- In re the Estate of LeonardNew York Surrogate's Court · 1932
- In re the Accounting of LambAppellate Division of the Supreme Court of the State of New York · 1918
- Hull v. RolfsrudNorth Dakota Supreme Court · 1954
23 more not listed; retrieve them via the Exa API.