Garvey v. United States Fidelity and Guaranty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Nellie Garvey, from an interlocutory judgment of the Supreme Court in favor of the defendant, The* United States Fidelity and Guaranty Company, entered in the office of the clerk of the county of New York on the 6th day of June,,. 1902, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the said defendant’s demurrer to the amended complaint.
1Opinion of the Court
Hatch, J.:
The theory of the complaint in this action is that the plaintiff is éntitled to recover as the sole heir at law and next of kin of Richard Garvey, who was an uncle of the blood and one of the heirs at law of Andrew J. Garvey, deceased. The complaint avers that Richard! Garvey died a resident of the city of Boston in the State of Massachusetts on or about the 22d day of September, 1898, leaving a. pretended last will and testament, which was void by reason of the testator’s incapacity to make the saíne; that Andrew J. Garvey was. at the time of his death seized of certain lands and…
2Cases cited4 opinions
- Simmons v. SaulSupreme Court of the United States · 1891
- Horton v. . McCoyNew York Court of Appeals · 1871
- Mooney v. HindsMassachusetts Supreme Judicial Court · 1894
- Garvey v. Union Trust Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Pennington v. NewmanSupreme Court of Oklahoma · 1913