Townsend v. Van Buskirk
New York Supreme Court
Action to partition the real estate of Thomas W. Townsend, who died intestate April 24, 1896. The defendant Jnlia Mary Snell, who was bom July 27, 1864, denied the right of the plaintiff and his sisters, children of Townsend, to participate as heirs-at-law in his real estate.
1Opinion of the CourtMaddox, J.
While it is my opinion that the defendant Snell, as an heir-at-law of, and claiming through her father, is in privity in estate with her said ancestor (21 Am. & Eng. Ency. of Law, 139; 1 Greenl. Ev., § 189; Black Judg., § 534; Herman Estop., § 139), and is, therefore, concluded by the decree of divorce against her said father in the Hew Jersey action (Lythgoe v. Lythgoe, 75 Hun, 147; affd., 145 N. Y. 641; Moore v. Hegeman, 92 id. 521), still, the law of this case on that question as settled on a previous appeal (22 App. Div. 443), must obtain here, regardless of my views, and it remains to…
2Cases cited7 opinions
- Hynes v. . McDermottNew York Court of Appeals · 1883
- Gall v. . GallNew York Court of Appeals · 1889
- Fenton v. ReedNew York Supreme Court · 1809
- Rose v. ClarkNew York Court of Chancery · 1841
- Betsinger v. . ChapmanNew York Court of Appeals · 1882
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3Cited by14 opinions
- Kelly v. Consolidated UnderwritersCourt of Appeals of Texas · 1927
- In re Awarding Letters of Administration upon the Estate of WellsAppellate Division of the Supreme Court of the State of New York · 1908
- In re the Estate of ErlangerNew York Surrogate's Court · 1932
- Ellis v. KelseyNew York Supreme Court · 1922
- In re Fitzgibbons' EstateMichigan Supreme Court · 1910
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