Volume 90 — New York Supreme Court Reports

Appeal by Charles A. Hoag, a judgment creditor of Stephen P. Sherwood, deceased, from that portion of a decree of the Surrogate’s Court of the county of Dutchess, entered in the Surrogate’s Court of .Dutchess county on the 29th day of May, 1894, settling and allowing the accounts of the administratrix of Stephen P. Sherwood, deceased, which excludes the appellant from a fpro rata share in the fund distributed thereby.

Motion by Julietta Perkins, the proponent of an alleged holographic will, and by Marie P. Evans, both being opponents of an alleged nuncupative will, made pursuant to and on the return of an order to show cause made at the General Term of the second judicial department, dated May 18, 1894. The order to show cause was as follows: “On reading the annexed affidavit, and it appearing therefrom that'the respondents, William IT.

Appeal by the plaintiff, Charles Bell, as committee, etc., of Morgan Smith, a lunatic, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Yates on the 23d day of November, 1893, upon the decision of the court, rendered after a trial at the Yates County Equity Special Term, dismissing the plaintiff’s complaint upon the merits, and for costs.

Appeal by the defendant, the Rochester Railway Company, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the cleric of the county of Monroe on the 18th day of September, 1893, granting the plaintiff’s motion, made upon the minutes, for a new trial.

Appeal by the defendant, Daniel W. Powers, from an interlocutory judgment of the Supreme Court in- favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 29th day of May, 1894, upon the decision of the court, rendered at the Monroe Special Term, overruling the demurrer of the defendant, Daniel W. Powers, to the complaint.

Appeal by the defendants, Ronald T. McDonald and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 7th day of November, 1894, upon the decision of the court rendered at the New York Special Term overruling the defendants’ demurrer to the complaint. The complaint in the action was in the following words : “ The plaintiff respectfully shows unto the court: “ 1.

Appeal by tbe defendant, The Metropolitan Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 14th day of December, 1894, upon the decision of the court, rendered after a trial at the New York Special Term, adjudging a certain power of sale created by the second clause of the will of Benjamin W. M’Cready, deceased, to be a valid power of sale and directing the specific…

Appeal by the plaintiffs, John S. Lyle and another, from au order of the Supreme Court, made at the New York Special Term on the 14th day of June, 1894, and entered in the office of the clerk of the county of New York, restraining the defendants from removing or cutting a certain wall, in so far as said order excepts from its provisions a portion of such wall.