MATTER OF CAFFERTY


276 A.D. 927 (1950)

In the Matter of the Probate of The Will of Harry M. Cafferty, Deceased. Norman D. Cafferty et al., Appellants; Adolph Kappus, Jr., as Executor of Harry M. Cafferty, Deceased, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 30, 1950.


(a) The annulment decree is regular on its face and discloses no patent defect as to jurisdiction or otherwise and, therefore, may not be attacked collaterally. (Shea v. Shea, 270 App. Div. 527, 531, and cases cited therein.) (b) Moreover, the jurisdictional finding of fact in the decision in the annulment action was based on some, although insufficient proof, and, in consequence, the judgment is not void. (Blakeley v. Calder, 15 N.Y. 617; Howell v. Mills...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases