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Duhnin v. Herbst

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1920
193 App. Div. 906 (N.Y. App. Div. 1920)

Opinion

July, 1920.


Judgment reversed and new trial granted, but not to be had until the real parties in interest, to wit, the devisees and legatees or the heirs at law and next of kin of the decedent, as the case may be, are before the court so that they may be concluded by any judgment that may be pronounced, with costs payable out of the estate. We are also of opinion that the evidence does not sustain the findings of fact, and, therefore, reverse the second, third, fourth and sixth findings, and also the sixth and twelfth findings made at the request of the defendant. Jenks, P.J., Mills, Blackmar, Kelly and Jaycox, JJ., concur.


Summaries of

Duhnin v. Herbst

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1920
193 App. Div. 906 (N.Y. App. Div. 1920)
Case details for

Duhnin v. Herbst

Case Details

Full title:GERTRUDE DUHNIN, Respondent, v. FREDERICK HERBST, Individually and as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 1, 1920

Citations

193 App. Div. 906 (N.Y. App. Div. 1920)