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Baldwin v. Rice

91 N.Y.S. 1086 Court N.Y. App. Div. Decision date 1905-01-06 English

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p. 1086
BALDWIN et al., Appellants, v. RICE et al., Respondents.
(Supreme Court, Appellate Division, First Department.
January 6, 1905.)

Headnote

Appeal from Special Term, New York County. Action by Adele Baldwin and William Ogden Harrison, administrators with the will annexed of Elizabeth B. Rice, deceased, against William M. Rice, Jr., and others, executors of William M. Rice, deceased. From a judgment ( 89 N. Y. Supp. 738 ) dismissing the complaint, plaintiffs appeal. Modified and affirmed. J. B. Leavitt, for appellants. J. Byrne, for respondents.

The judgment should be affirmed, on so much of the opinion of the court below as holds that the plaintiffs have no standing in court to maintain this action; but the judgment should not have been upon the merits. Judgment modified, by striking out “on the merits,” and, as so modified, affirmed, without costs.