Whitney v. Whitney
New York Supreme Court
Appeal from judgment on report of referee. Action in equity by Christina C. Whitney against Emily Whitney and others for a construction of the last will of Joshua Whitney, and to recover certain lands. Plaintiff had judgment on the report of a referee, and Emily Whitney, Mary W. Lawrence, and Jennie 0. Whitney appeal.
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Appeal from judgment on report of referee. Action in equity by Christina C. Whitney against Emily Whitney and others for a construction of the last will of Joshua Whitney, and to recover certain lands. Plaintiff had judgment on the report of a referee, and Emily Whitney, Mary W. Lawrence, and Jennie 0. Whitney appeal. The complaint alleged that on the 20th day of February, 1844, Joshua Whitney made his last will and testament, in due form of law, to pass real and personal estate; that he died at Binghamton, N. Y., on the 13th of April, 1845, leaving said last will and testament, without…
1Opinion of the CourtMartin, J.
At the threshold of this investigation the question is presented whether this action can be maintained. The action was in form an action in equity to obtain a construction of the last will and testament of Joshua Whitney, deceased, but its manifest object and purpose was to determine the legal title to certain real estate which was in the possession of the appellants. The appellants contend that as the questions involved related to real estate only, and did not include the consideration of any existing trust, this suit cannot be maintained. It is quite obvious that, while the determination of…
2Cases cited22 opinions
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Phillips v. . DaviesNew York Court of Appeals · 1883
- Post v. . HoverNew York Court of Appeals · 1865
- Wager v. . WagerNew York Court of Appeals · 1882
- Bowers v. SmithNew York Court of Chancery · 1843
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3Cited by4 opinions
- Hemmje v. MeinenThe Superior Court of the City of New York and Buffalo · 1892
- Preston v. HowkAppellate Division of the Supreme Court of the State of New York · 1896
- Ramsay v. De RemerNew York Supreme Court · 1892
- McKinlay v. Van DusenAppellate Division of the Supreme Court of the State of New York · 1902