Quinn v. . Hardenbrook
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment of the City Court of Brooklyn in favor of defendant entered upon the report of a referee. This action was brought to determine a claim of title to certain real property' in the city of Brooklyn. Theophilns Hardenbrook, late of that city, on the 10th day of October, 1842, made and executed his last will and testament.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment of the City Court of Brooklyn in favor of defendant entered upon the report of a referee. This action was brought to determine a claim of title to certain real property' in the city of Brooklyn. Theophilns Hardenbrook, late of that city, on the 10th day of October, 1842, made and executed his last will and testament. The-only devise made therein was as follows.: “ 1 give, devise and bequeath unto my wife, Rebecca Margaretta, all the real and personal estate I now possess or may…
1Opinion of the Court
Prior to the revision of our statutes in 1830, a general devise of real estate would not pass the title to such lands as the testator acquired after the devise. (Parker v. Bogardus, 5 N Y, 309-311, and cases cited.) But since the act in relation to wills and the proof of them (2 R.S., 51, § 5), every will, "made by a testator in express terms of all his real estate or in any other words denoting his intent to devise his real property, must be construed to pass all the real estate which he was entitled to devise at the time of his death;" but where the unlimited words of the statute are not…
2Cases cited2 opinions
- Van Kleeck v. Dutch ChurchNew York Supreme Court · 1838
- Lynes v. . TownsendNew York Court of Appeals · 1865
3Cited by30 opinions
- Brown v. . QuintardNew York Court of Appeals · 1903
- New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
- Carley v. . HarperNew York Court of Appeals · 1916
- Dreyer v. . ReismanNew York Court of Appeals · 1911
- Knowlton v. . AtkinsNew York Court of Appeals · 1892
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