Strong v. Strong
New York Supreme Court
Appeal from special term, Kings county. Action by William D. Strong and another against Richard P. Strong and others. From an interlocutory judgment overruling the demurrer to the complaint, defendants appeal. Reversed. The parties to this action are the children of Demas Strong, deceased, and the wives of the sons of said deceased.
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Appeal from special term, Kings county. Action by William D. Strong and another against Richard P. Strong and others. From an interlocutory judgment overruling the demurrer to the complaint, defendants appeal. Reversed. The parties to this action are the children of Demas Strong, deceased, and the wives of the sons of said deceased. The material allegations of the complaint are that Demas Strong died in November, 1893, leaving a will, which was admitted to probate in January, 1894, by which, after the bequest of certain legacies, he left all his property, real and personal, to his five…
1Opinion of the CourtBrown, P. J.
The complaint in this action does not state a cause of action for partition of real estate. The plaintiffs derive no title to the land under the will of their father, neither have they any under the agreement with the heirs. The later instrument is, in respect at least to the land, a mere executory contract, to the effect that all who executed it shall share equally therein. It conveys no title, and does not constitute the signers joint tenants or tenants in common in the land of which their father died seised. I know of no precedent for an action in equity which seeks no other relief than a…
2Cases cited1 opinion
- Wager v. . WagerNew York Court of Appeals · 1882
3Cited by5 opinions
- Ludwig v. BungartNew York Supreme Court · 1900
- Shorter v. MackeyAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Estate of FogartyAppellate Division of the Supreme Court of the State of New York · 1907
- Meeks v. MeeksNew York Supreme Court · 1901
- Haughian v. ConlonNew York Supreme Court · 1903