Salisbury v. . Slade
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 11, 1897, affirming an interlocutory judgment in an action for partition, directing a sale of the premises described in the complaint. The facts, so far as material, and the question certified for review are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 11, 1897, affirming an interlocutory judgment in an action for partition, directing a sale of the premises described in the complaint. The facts, so far as material, and the question certified for review are stated in the opinion. The complaint does not state facts sufficient to constitute a cause of action, as it appears thereby that the plaintiff did not have an estate of inheritance in the lands described in 'the complaint. (Code Civ. Pro. § 499 ; Coffin,…
1Opinion of the Court
Bartlett, J. Benjamin Slade,
deceased, the father of Benjamin J. Slade, the defendant, the ancestor in title of the parties, died in 1875, seized of two farms located in the county of Saratoga, and leaving him surviving a widow and seven children, three sons and four daughters. He left a last will and testament, which was admitted to probate; its material portions read as follows :
First. (Provides for payment of debts.)
“ Second. I give and bequeath unto my beloved wife Ange line all ray household, furniture of every name and kind, together with the use and occupation of the house in which I…
2Cases cited12 opinions
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Lent v. . HowardNew York Court of Appeals · 1882
- Phelps' v. . PondNew York Court of Appeals · 1861
- Morse v. . MorseNew York Court of Appeals · 1881
- In Re the Accounting of BrownNew York Court of Appeals · 1897
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3Cited by44 opinions
- Anderson v. WilsonSupreme Court of the United States · 1933
- Becker v. ChesterWisconsin Supreme Court · 1902
- In re Moran's WillWisconsin Supreme Court · 1903
- In Re the Accounting of TatumNew York Court of Appeals · 1902
- In re the Estate of SurplessNew York Surrogate's Court · 1932
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