Whitney v. Britton

Appellate Division of the Supreme Court of New York

Whitney v. Britton

45 N.Y.S. 1150

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

DecidedApril 23, 1897

StatusPublished

This text of 45 N.Y.S. 1150 (Whitney v. Britton) 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

Whitney v. Britton, 45 N.Y.S. 1150 (N.Y. Ct. App. 1897).

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Opinion

PARKER, J.

The plaintiff, one of the two children of Elizabeth Lee, supposing that section 2653a of the Code authorized her to maintain a suit for the purpose of determining the validity of the will of said Elizabeth Lee, which devised and bequeathed to the defendants all the [1151]*1151estate of the testatrix, commenced this suit and prosecuted it to judgment. In the meantime it has been determined that a person who dods not take under a will is not interested in it within the meaning of that section. Lewis v. Cook, 150 N. Y. 163, 44 N. E. 778. It follows that the judgment must be reversed, and the complaint dismissed, with costs, on the ground that the plaintiff had no legal capacity to sue.

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PARKER, J.

The plaintiff, one of the two children of Elizabeth Lee, supposing that section 2653a of the Code authorized her to maintain a suit for the purpose of determining the validity of the will of said Elizabeth Lee, which devised and bequeathed to the defendants all the [1151]*1151estate of the testatrix, commenced this suit and prosecuted it to judgment. In the meantime it has been determined that a person who dods not take under a will is not interested in it within the meaning of that section. Lewis v. Cook, 150 N. Y. 163, 44 N. E. 778. It follows that the judgment must be reversed, and the complaint dismissed, with costs, on the ground that the plaintiff had no legal capacity to sue.

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Bluebook (online)

45 N.Y.S. 1150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitney-v-britton-nyappdiv-1897.

Opinion

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