Banzer v. . Banzer
New York Court of Appeals
Appeal from a judgment of the General Term- of the late’ Court of Common Pleas for the city and county of Mew York, entered February 4, 1895, affirming a judgment in favor of defendants entered upon a decision of the court dismissing1 the complaint upon the merits on trial at Equity Term. The action was for the partition of real property situated on West Thirty-second street in the1 city of Mew York.
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Appeal from a judgment of the General Term- of the late’ Court of Common Pleas for the city and county of Mew York, entered February 4, 1895, affirming a judgment in favor of defendants entered upon a decision of the court dismissing1 the complaint upon the merits on trial at Equity Term. The action was for the partition of real property situated on West Thirty-second street in the1 city of Mew York. The1 property was originally owned by Michael Banzer and J ohn Maier as tenants in common,, each owning an undivided one-half. Maier subsequently conveyed his interest to- Susanna Banzer, the…
1Opinion of the CourtMartin, J.
The plaintiff bases her right to maintain this action upon the will of Michael Banzer, deceased. She insists that under its provisions an estate vested in her husband as one of the children of the testator, subject only to a life estate in the testator’s wife; that upon the death of the plaintiff’s husband it passed to her son, and upon the death of the latter it descended to her. Thus, the material question to be determined is whether, under the will of ¡Michael Banzer, any interest in the real estate in question passed to or became vested in his children, of whom the plaintiff’s husband was…
2Cases cited8 opinions
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- Clarke v. . LeuppNew York Court of Appeals · 1882
- Byrnes v. . StilwellNew York Court of Appeals · 1886
- Washbon v. . CopeNew York Court of Appeals · 1895
- Benson v. . CorbinNew York Court of Appeals · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- McNutt v. McCombSupreme Court of Kansas · 1899
- Adams v. . MasseyNew York Court of Appeals · 1906
- Post v. . MooreNew York Court of Appeals · 1905
- Trask v. . SturgesNew York Court of Appeals · 1902
42 more not listed; retrieve them via the Exa API.