Moffett v. . Elmendorf
New York Court of Appeals
Appeal by six defendants from a final judgment rendered at a Special Term of the Supreme Court in the first judicial department and entered December 24, 1894, with a notice of intention to bring up for review an interlocutory judgment rendered at Special Term June 26, 1894, and an order of General Term, made December 14, 1894, affirming the interlocutory judgment.
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Appeal by six defendants from a final judgment rendered at a Special Term of the Supreme Court in the first judicial department and entered December 24, 1894, with a notice of intention to bring up for review an interlocutory judgment rendered at Special Term June 26, 1894, and an order of General Term, made December 14, 1894, affirming the interlocutory judgment. This action was brought for the partition of certain lands situate in the city of New York, of which Samuel Bowne Duryea died seized on the sixth of June, 1892. He left a wife, Mrs. Kate Duryea, but no descendants, having never had…
1Opinion of the CourtVann, J.
The plaintiff, who is one of the devisees named in the sixth clause of the will, seeks to partition the lands devised thereby, except such parts thereof as were sold by the testator in his lifetime. Her right to partition is not disputed, and it is conceded that each of the six surviving devisees mentioned in said clause has title to an undivided eighth of the premises in question. The contest arises over the undivided two-eightlis devised to Catherine and Cornelius E. El well, which are claimed by various parties upon the following grounds: Mrs. Kate Duryea, the widow, claims that the gifts…
2Cases cited11 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- In Re the Appraisal Under the Transfer Tax Acts of the Property of KimberlyNew York Court of Appeals · 1896
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- Downing v. . MarshallNew York Court of Appeals · 1861
- In Re the Final Judicial Settlement of the Accounts of WellsNew York Court of Appeals · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Albany Hospital v. . Albany Guardian SocietyNew York Court of Appeals · 1915
- In Re the Accounting of RussellNew York Court of Appeals · 1901
- In re the Estate of McCaffertyNew York Surrogate's Court · 1932
- In re the Legacy Given by the Will of MillsNew York Surrogate's Court · 1923
- Staples v. MeadAppellate Division of the Supreme Court of the State of New York · 1912
64 more not listed; retrieve them via the Exa API.