Davis v. . Tremain
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the. fourth judicial department entered May 11, 1911, affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the. fourth judicial department entered May 11, 1911, affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The action of the court in locating and fixing the lines and boundaries of the home residence, 104 East Liberty street, and the adjoining tenant property, thereby transferring a part of plaintiff’s land to the life estate, was contrary to law and not justified. (1 Tiffany on…
1Opinion of the Court
Cullen, Ch. J.
Eleanor H. Higgins died at the city of Borne in this state hi the month of Yovember, 1909, leaving a last will by which she devised to the plaintiff a lot with a house and barn thereon, situate 104 East Liberty street in said city, in fee, and a life estate in all (or part of) her remaining real estate, except a farm which she devised in fee to the plaintiff’s sister. There were two residuary clauses, in one of which the testatrix gave her executor a power of sale over the residuary real estate with directions to divide the proceeds thereof after the death of the plaintiff among…
2Cases cited2 opinions
- Fall v. EastinSupreme Court of the United States · 1909
- Mellen v. . MellenNew York Court of Appeals · 1893
3Cited by4 opinions
- Roessle v. RoessleAppellate Division of the Supreme Court of the State of New York · 1914
- In Re Goar's EstateSupreme Court of Iowa · 1960
- In re the Construction of the Will of WoggonNew York Surrogate's Court · 1949
- Weil v. WeilNew York Supreme Court · 1919