In re the Judicial Settlement of the Account of James

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Account of James

174 A.D. 936, 160 N.Y.S. 1134

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

DecidedSeptember 15, 1916

StatusPublished

This text of 174 A.D. 936 (In re the Judicial Settlement of the Account of James) 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 Judicial Settlement of the Account of James, 174 A.D. 936, 160 N.Y.S. 1134 (N.Y. Ct. App. 1916).

Pincite

Opinion

Motion for reavgument denied. Motion to go to the Court of Appeals granted. The following questions are certified: (1) Did the judgment of the French court (Respondents’ Exhibit “ A ”) and the proceedings of the appellant thereunder estop the appellant from claiming an interest in the American property of the testator under the French law of community ? (2) Is the appellant estopped by her petition, answer, account and stipulations, and the conduct of the proceedings in the Surrogate’s Court, from now claiming any interest in the American estate ? (3) Upon the entire record herein, can the French law of community apply to the matrimonial property rights of the testator and the appellant ? (4) Has the Appellate Division power upon this record to direct that an open commission issue to take testimony in France ?

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Motion for reavgument denied. Motion to go to the Court of Appeals granted. The following questions are certified: (1) Did the judgment of the French court (Respondents’ Exhibit “ A ”) and the proceedings of the appellant thereunder estop the appellant from claiming an interest in the American property of the testator under the French law of community ? (2) Is the appellant estopped by her petition, answer, account and stipulations, and the conduct of the proceedings in the Surrogate’s Court, from now claiming any interest in the American estate ? (3) Upon the entire record herein, can the French law of community apply to the matrimonial property rights of the testator and the appellant ? (4) Has the Appellate Division power upon this record to direct that an open commission issue to take testimony in France ?

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Bluebook (online)

174 A.D. 936, 160 N.Y.S. 1134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-account-of-james-nyappdiv-1916.