Moffett v. Elmendorf
New York Supreme Court
Appeal from judgment on report of referee. Action by Annie A. E. Moffett against Mary S. Elmendorf and others for partition. From a judgment construing the will of Samuel B. Duryea, and making partition, defendants Annie O. King and another appeal.
1Opinion of the CourtVan Brunt, P. J.
In view of the conclusion at which I have arrived, it will not be necessary to discuss some of the points which have been presented upon the part of the appellants. In the brief statement of facts, therefore, no mention is made of the particular circumstances under which such questions arise, and only such facts are stated as seem to be necessary to a comprehension of the points directly involved. Samuel B. Duryea died in the city of Brooklyn on the 7th of June, 1892, without issue, leaving, him surviving, a widow, and having duly made his last will and testament, dated June 18, 1877, and a…
2Cases cited5 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Magaw v. . FieldNew York Court of Appeals · 1872
- Clements v. . YturriaNew York Court of Appeals · 1880
- In re TienkenNew York Supreme Court · 1892
- Manier v. PhelpsNew York Supreme Court · 1884
3Cited by2 opinions
- In re the Estate of PearsallNew York Surrogate's Court · 1915
- In re the Estate of DavisNew York Surrogate's Court · 1925