In re the Construction of the Will of Jones

Appellate Division of the Supreme Court of New York

In re the Construction of the Will of Jones

8 A.D.2d 829, 190 N.Y.S.2d 166, 1959 N.Y. App. Div. LEXIS 8162

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 15, 1959

StatusPublished

Cited by4 cases

This text of 8 A.D.2d 829 (In re the Construction of the Will of Jones) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Construction of the Will of Jones, 8 A.D.2d 829, 190 N.Y.S.2d 166, 1959 N.Y. App. Div. LEXIS 8162 (N.Y. Ct. App. 1959).

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Opinion

In a proceeding to construe a will, the appeal is from so much of a decree and order (one paper) of the Surrogate’s Court, Nassau County, as dismissed the petition and as awarded costs to certain of the respondents. The petition was dismissed pursuant to a motion made under subdivisions 1, 4 and 6 of rule 107 of the Rules of Civil Practice on the ground that appellant had released her interest in the real property which was the subject of the construction proceeding and that said interest Had been surrendered and extinguished by a decree of a court of competent jurisdiction, as a consequence of which appellant is not a party interested in the construction proceeding, and the court lacks jurisdiction of the proceeding. Decree and order insofar as appealed from unanimously affirmed, with costs to all parties filing separate briefs, payable out of the estate. No opinion. Present — Wenzel, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ. [13 Misc 2d 678.]

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In a proceeding to construe a will, the appeal is from so much of a decree and order (one paper) of the Surrogate’s Court, Nassau County, as dismissed the petition and as awarded costs to certain of the respondents. The petition was dismissed pursuant to a motion made under subdivisions 1, 4 and 6 of rule 107 of the Rules of Civil Practice on the ground that appellant had released her interest in the real property which was the subject of the construction proceeding and that said interest Had been surrendered and extinguished by a decree of a court of competent jurisdiction, as a consequence of which appellant is not a party interested in the construction proceeding, and the court lacks jurisdiction of the proceeding. Decree and order insofar as appealed from unanimously affirmed, with costs to all parties filing separate briefs, payable out of the estate. No opinion. Present — Wenzel, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ. [13 Misc 2d 678.]

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Bluebook (online)

8 A.D.2d 829, 190 N.Y.S.2d 166, 1959 N.Y. App. Div. LEXIS 8162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-construction-of-the-will-of-jones-nyappdiv-1959.

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