Legal Opinion

In re Field

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

Decided March 8, 1918PublishedCited by 4 opinions

Petitions by Louise Stilwell Ackerman and by John S. Hoyt and others, for a modification of an order of this court entered herein on the 19th day of November, 1915.

1Opinion of the Court

Clarke, P. J.:

On the 12th day of February, 1848, Samuel Stilwell died possessed of certain burial lots in the city of New York. He *227left a last will and testament, but said property, not being disposed of thereby, descended to his heirs. In 1888 a proceeding was duly instituted for the purpose of acquiring title by the mayor, aldermen and commonalty of the city of New York to certain lands and premises duly selected by the board of education as a site for school purposes, which included the said burial lots of which said Samuel Stilwell died seized and possessed. The commissioners in* said…

2Cases cited4 opinions

  1. Gardner v. CollinsSupreme Court of the United States · 1829
  2. Wheeler v. . ClutterbuckNew York Court of Appeals · 1873
  3. In re Simpson's EstateNew York Surrogate's Court · 1913
  4. Gazlay v. CornwellNew York Surrogate's Court · 1874

3Cited by4 opinions

  1. In Re Smith's EstateWashington Supreme Court · 1956
  2. Benson v. NicholsonWashington Supreme Court · 1956
  3. In re the Construction of the Will of MarquetNew York Surrogate's Court · 1958
  4. In re the Judicial Settlement of the Account of NelsonNew York Surrogate's Court · 1920

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