Cutler v. Winberry
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Mary It. Winberry and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rock-land on the 20th day of September, 1916, upon the decision of the court after a trial at the Rockland Special Term.
1Opinion of the Court
Jenks, P. J.:
This action presents a conflict of claims to certain realty heretofore owned in fee by Winberry. The plaintiff asserts title through a deed made by McCarthy, grantee of Winberry. The defendants contend that Winberry died seized of an estate of inheritance, so that the defendant Nellie Winberry has an estate of dower and the other defendants inherit as *223heirs at law. The deed to McCarthy, his heirs and assigns, conveyed several pieces of real estate, including the piece in question, “ upon the trusts nevertheless, and to and for the uses, interests and purposes hereinafter limited…
2Cases cited19 opinions
- Gilman v. . ReddingtonNew York Court of Appeals · 1861
- Campbell v. . StokesNew York Court of Appeals · 1894
- Sulphur Mines Co. v. Thompson's HeirsSupreme Court of Virginia · 1896
- Townshend v. . FrommerNew York Court of Appeals · 1891
- Cooke v. . PlattNew York Court of Appeals · 1885
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3Cited by3 opinions
- In re Brooklyn Trust Co.New York Supreme Court · 1936
- Brooklyn Trust Co. v. LesterAppellate Division of the Supreme Court of the State of New York · 1933
- Cary v. CarmanNew York Supreme Court · 1921