Minion v. Warner
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Edna W. Minion and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 26th day of June, 1918, denying plaintiffs’ motion for judgment on the pleadings consisting of an amended complaint and a demurrer thereto.
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Appeal by the plaintiffs, Edna W. Minion and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 26th day of June, 1918, denying plaintiffs’ motion for judgment on the pleadings consisting of an amended complaint and a demurrer thereto. The will of John S. Frost, "who. died in 1910, devised the residue of his property equally to his two daughters, Clara Louise (now Mrs. Warner), Edna (now Mrs. Minion), and his son, Ralph Alden Frost. There was a discretionary power of sale given to Clara, who…
1Opinion of the Court
Putnam, J.:
This presents a question of the right of two tenants in common to have an accounting of rents collected by a cotenant. Here the executrix’s management of the properties leaves rental periods of from two to six years unaccounted for. The Surrogate’s Court would be without jurisdiction of such accounting (Matter of Dunn, 63 Misc. Rep. 179; Matter of Spears, 89 Hun, 49), although one of the briefs intimates that the executrix sought to account for such rents with her final accounting. Reading together sections 446 and 448 of the Code of Civil Procedure, we have the simple rule that…
2Cases cited14 opinions
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Leach v. BeattieSupreme Court of Vermont · 1860
- Adams v. BristolAppellate Division of the Supreme Court of the State of New York · 1908
- Maekotter v. MaekotterNew York Supreme Court · 1911
- Myers v. . BoltonNew York Court of Appeals · 1898
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Minion v. . WarnerNew York Court of Appeals · 1924
- Goergen v. MaarAppellate Division of the Supreme Court of the State of New York · 1956
- Villone v. VilloneNew York Supreme Court · 1930
- Dolan v. DolanAppellate Terms of the Supreme Court of New York · 1925
- Stevens v. Stevens, Pennsylvania Court of Common Pleas, Philadelphia County1935
1 more not listed; retrieve them via the Exa API.