Monypeny v. . Monypeny
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 9, 1910, which affirmed a final judgment entered upon a decision of the court at Special Term sustaining demurrers to the complaint. The nature of the action and the facts, so far as material, are stated in the dissenting opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 9, 1910, which affirmed a final judgment entered upon a decision of the court at Special Term sustaining demurrers to the complaint. The nature of the action and the facts, so far as material, are stated in the dissenting opinion. The land in Westchester county will only pass under the will of the testator when and after it is shown that the will, though made by a resident of Ohio and giving the land to trustees in Ohio, is a good and valid will according to the laws of New…
1Opinion of the Court
Culler, Ch. J.
The fate of this litigation has been a peculiar one. When the case reached the Appellate Division on demurrer to the first complaint in the action, one-half the court' sustained the demurrer practically on -the ground that the courts of this state had no jurisdiction of the matter in controversy, while the other half sustained it on the ground that the validity of the provisions of the will was too clear for discussion and the questions sought to be raised were frivolous. (131 App. Div. 269.) On the second appeal to the Appellate Division the demurrei seems to have been upheld…
2Cases cited6 opinions
- Peck v. . CaryNew York Court of Appeals · 1863
- Livingston v. . GreeneNew York Court of Appeals · 1873
- Horton v. . CantwellNew York Court of Appeals · 1888
- Denison v. . DenisonNew York Court of Appeals · 1906
- Radley v. . KuhnNew York Court of Appeals · 1884
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3Cited by20 opinions
- In re the Accounting of HellerNew York Court of Appeals · 1954
- In re the Appointment of an Ancillary Successor Trustee under the Will of GoodNew York Court of Appeals · 1952
- Melenky v. . MelenNew York Court of Appeals · 1922
- In Re the Accounting of TownsendNew York Court of Appeals · 1927
- In re the Accounting of SchneiderNew York Surrogate's Court · 1950
15 more not listed; retrieve them via the Exa API.