Legal Opinion

Pattat v. Pattat

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1904PublishedCited by 9 opinions

Appeal by the defendants, Jacob Pattat and others, from a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Oswego on the 27th day Of May, 1903, upon the report of a referee, and also (as stated in the notice of appeal) from an order entered in said clerk’s office on. the 27th day of May, 1903, confirming the report of the referee.

1Opinion of the Court

Stover, J.:

The action is for partition of real estate which is claimed by the parties as heirs of Joseph Pattat. The answer of defendant John J. Pattat sets up an agreement with Joseph Pattat in his lifetime by which Joseph agreed to will him all of his property if he, *103John J., would live with him, and carry on the farm of said Joseph until the death of Joseph; that he, John J., performed the agreement on his part, and that said Joseph did execute a paper which was not admitted to probate, and asks a decree of specific performance against the other defendants.

The issues thus raised were tried…

2Cases cited3 opinions

  1. Hamlin v. . StevensNew York Court of Appeals · 1903
  2. Winne v. . WinneNew York Court of Appeals · 1901
  3. Mahaney v. . CarrNew York Court of Appeals · 1903

3Cited by9 opinions

  1. Sanger v. HuguenelMontana Supreme Court · 1922
  2. Warner v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1914
  3. Hanly v. HanlyAppellate Division of the Supreme Court of the State of New York · 1905
  4. Killian v. HeinzerlingNew York Supreme Court · 1905
  5. Delos Bush v. WhitakerNew York Supreme Court · 1904

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