Bender v. Van Allen
New York Supreme Court
Motions for a bill of particulars and for tlie appointment of a receiver in an action for partition.
1Opinion of the CourtRussell, J.
The objections to serving a bill of particulars by the defendant Terwilliger are more technical than meritorious. The plaintiffs bring the action for partition, claiming as brother and brother’s wife of the intestate against the sister and nephew, and have joined the surviving husband of the intestate,. he occupying . the lands of which the intestate died seized. This husband denies in his answer that the brother, sister and nephew are the sole heirs and next of Mn of the deceased; denies also that no issue was born of the marriage of said defendant with the deceased, and affirmatively…
2Cases cited3 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Weston v. . StoddardNew York Court of Appeals · 1893
- Govin v. De MirandaNew York Supreme Court · 1895
3Cited by3 opinions
- Sammons v. MahernNew York Supreme Court · 1955
- Bender v. TerwilligerAppellate Division of the Supreme Court of the State of New York · 1899
- In Re Morrow's WillNew Mexico Supreme Court · 1937