Preston v. Howk
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Wayne county. Action by George H. Preston and another against John O. Howk, as executor of the last will and testament of Julia A. Freer, deceased, and others, for partition and for other relief. «From a judgment rendered at special term for defendants, and from an order granting an additional allowance to defendants, plaintiffs appeal. Affirmed.
1Opinion of the CourtHardin, P. J.
Plaintiffs’ complaint particularly described two parcels of real estate owned by the deceased at the time of her death, and is framed for the purpose of having partition of such real estate between the plaintiffs and the defendant Delia C. Hicks, who are alleged to be the heirs at law, and to whom it is alleged the property ■of the testatrix descended. The prayer of the complaint, among other things, asks that “the pretended devise to the trustees of the Presbyterian Church at Ontario Center,” mentioned in the will, “be declared null and void, and that the said instrument, so far as the said…
2Cases cited13 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- Bird v. . MerkleeNew York Court of Appeals · 1895
- Locke v. Farmers' Loan & Trust Co.New York Court of Appeals · 1893
- Hatch v. . BassettNew York Court of Appeals · 1873
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3Cited by1 opinion
- Old Ladies Home Ass'n v. Grubbs' EstateMississippi Supreme Court · 1940