Wallace v. Payne
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Robert Wallace, from a judgment of the Supreme Court, in favor of the defendants, entered in the office of the clerk of the county of Queens on the 13th day of February, 1896,. upon the decision of the court rendered after a trial at the Queens County Special Term dismissing the plaintiff’s complaint.
1Opinion of the Court
Brown, P. J.:
The plaintiff, who claimed to be the heir at law of .Eliza Ann Williams, deceased, seeks in this action to have the will of said deceased declared void. He alleges in his complaint that said will was on June. 10, 1895, filed for probate in the surrogate’s office of the county of Queens, and that he has filed an answer to the petition for the probate thereof, contesting the validity of the will on the grounds set out in the complaint, which proceeding, was still pending in the Surrogate’s Court. These grounds are that the will was not executed as required by statute ; that it was…
2Cases cited2 opinions
- Horton v. . CantwellNew York Court of Appeals · 1888
- Brady v. . McCoskerNew York Court of Appeals · 1848
3Cited by5 opinions
- Wallace v. PayneAppellate Division of the Supreme Court of the State of New York · 1897
- Irving v. BruenAppellate Division of the Supreme Court of the State of New York · 1906
- Brinkerhoff v. TiernanNew York Supreme Court · 1908
- Reid v. CurtinAppellate Division of the Supreme Court of the State of New York · 1900
- Wallace v. PayneAppellate Division of the Supreme Court of the State of New York · 1896