Rose v. Hatch
New York Supreme Court
Appeal from circuit court, Queens county. Action by Joseph B. Bose against Asa L. Hatch and another for the recovery of real estate. Prom a j udgment in favor of defendants, plaintiff appeals. 1 Bev. St. BT.
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Appeal from circuit court, Queens county. Action by Joseph B. Bose against Asa L. Hatch and another for the recovery of real estate. Prom a j udgment in favor of defendants, plaintiff appeals. 1 Bev. St. BT. Y. 733, § 85, prescribes that “every power of disposition shall be deemed absolute by means of which the grantee is enabled, in his life-time, to dispose of the entire fee for his own benefit,” and section 81 prescribes that “where an absolute power of disposition, not accompanied by any trust, shall be given to the owner of a particular estate, such estate shall be changed into a fee,…
1Opinion of the CourtDykman, J.
The facts involved in this case are uncontroverted and simple, but they are loaded with serious questions of law. The action is for the recovery of real property, and these are the facts; Elizabeth Hatch was the first wife of the defendant Asa L. Hatch; and during her life-time, and at the time of her death, she was the owner of the premises in question. She died on the 12th day of March, 1884, leaving a last will and testament, made and dated March 7,1884, and proved and admitted to probate October 27,1884. The portions of the will which are pertinent and important to this case are as…
2Cases cited9 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Terry v. . WigginsNew York Court of Appeals · 1872
- Jackson v. SebringNew York Supreme Court · 1819
- Norris v. . BeyeaNew York Court of Appeals · 1855
- Jackson v. RobinsNew York Supreme Court · 1819
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3Cited by2 opinions
- Yockers v. HackmeyerSupreme Court of Alabama · 1919
- In re the Judicial Settlement of the Account of Gilbert & GilbertNew York Surrogate's Court · 1890