Kinkead v. Ryan
New Jersey Court of Chancery
On bill for partition and incidental relief. This is a bill for partition and incidental relief by way of subrogation to a mortgage on the premises.
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On bill for partition and incidental relief. This is a bill for partition and incidental relief by way of subrogation to a mortgage on the premises. The complainant is one of the .four children of Christopher Mathews, who died, seized of the premises, in 1875, testate of a will, by which he devised them to> his widow, Catharine, for life, and at her death to his four children, namely, the defendant George T. Mathews; the complainant, Catharine; his daughter Mary Ann, the wife of one Ryan, who1 afterwards died, leaving the infant defendant Jerome A. Ryan as her sole heir-at-law ; and his son…
1Opinion of the Court
Pitney, Y. C.
All the parties claim through the will of Christopher Mathews. The complainant claims oneYo-urth by direct devise; she claims a one-twelfth by descent as heir-at-law of her brother Christopher Alfred Mathews, and as to these there is no dispute. She claims another one-third as follows: A judgment against her brother George, and an execution and sheriffs sale thereunder and conveyance to her mother, Catharine Mathews, the widow of the testator, and by devise from her mother.
The question is whether the legal proceedings just mentioned were efficient to convey the title of George,…
2Cases cited3 opinions
- Clark v. . CammannNew York Court of Appeals · 1899
- McGillis v. . McGillisNew York Court of Appeals · 1898
- Lippincott v. DavisSupreme Court of New Jersey · 1896
3Cited by12 opinions
- Archer v. JacobsSupreme Court of Iowa · 1904
- In re Shumway's EstateMichigan Supreme Court · 1916
- Byrne v. ByrneNew Jersey Superior Court Appellate Division · 1938
- Young v. Pecos CountyCourt of Appeals of Texas · 1907
- Stowers v. WheatCourt of Appeals for the Fifth Circuit · 1935
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