Smith v. . Browning
New York Court of Appeals
Appeal from a judgment entered March 22, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. ■ The nature of the action and the facts, so far as material, are stated.in the opinion.
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Appeal from a judgment entered March 22, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. ■ The nature of the action and the facts, so far as material, are stated.in the opinion. The trial court was right in deciding that the premises were not subject to a lien for the transfer tax on the other devises and legacies. (Matter of Swift, 137 N. Y. 77; Matter of Penfold, 216 N. Y. 163; Brown v.…
1Opinion of the CourtHogan, J.
On January 4th, 1914, the last will and testament of one George J. Smith was admitted to probate by the surrogate of Ulster county. The plaintiff is 'the widow of George J. Smith and under the terms of the will was named as beneficiary in three several paragraphs thereof (1) a legacy of two hundred thousand dollars; (2) certain real estate known as No. 43 West Seventy-second street, New York city, also real estate including contents of house thereon situated in Ulster county; (3) a fife interest in the residuary estate.
April 15th, 1914, plaintiff and defendant entered into a contract for a…
2Cited by18 opinions
- Stern v. Gepo Realty Corp.New York Court of Appeals · 1942
- Mokar Properties Corp. v. HallAppellate Division of the Supreme Court of the State of New York · 1958
- Lewis v. O'HairCourt of Appeals of Texas · 1939
- Empire Gas & Fuel Co. v. SternCourt of Appeals for the Eighth Circuit · 1926
- Heymann v. VianeNew York Court of Appeals · 1929
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