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Murtha v. Wilcox

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1900
47 App. Div. 643 (N.Y. App. Div. 1900)

Opinion

January Term, 1900.


The statement of facts contained in this case is not sufficient to enable the court to render judgment. It does not appear therein either that Edward Peirson is dead or that William L. Peirson has attained the age of twenty-one years. The questions discussed in the briefs are based on the assumption that the trust under the will of William G. Peirson did not terminate until after the death of the widow; yet that fact is not made to appear in the agreed statement. This defect may be remedied under the last clause of section 1281 of the Code of Civil Procedure, by the filing of an additional statement, if the parties so elect; such statement to be filed within ten days.


Summaries of

Murtha v. Wilcox

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1900
47 App. Div. 643 (N.Y. App. Div. 1900)
Case details for

Murtha v. Wilcox

Case Details

Full title:James A. Murtha and Another, as Executors, etc., of William G. Peirson…

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

Date published: Jan 1, 1900

Citations

47 App. Div. 643 (N.Y. App. Div. 1900)