Wood v. Hubbard
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Richard P. Hubbard, as executor, etc., of Richard P. Hubbard, deceased, and also as guardian ad litem for Richard P. Hubbard, Jr., and others, infant defendants, and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 24th day of September, 1897, upon the decision of the court rendered after a trial at the Monroe Special Term, in an action brought…
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Appeal by the defendants, Richard P. Hubbard, as executor, etc., of Richard P. Hubbard, deceased, and also as guardian ad litem for Richard P. Hubbard, Jr., and others, infant defendants, and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 24th day of September, 1897, upon the decision of the court rendered after a trial at the Monroe Special Term, in an action brought for the partition of real estate. One Richard P. Hubbard, Sr., the father of the plaintiff, departed this life on the 22d…
1Opinion of the Court
Adams, J.:
The plaintiff, as an heir at law of her father, Richard P. Hubbard, brings this action to partition lands situated in the counties of Ontario, Monroe and Genesee, which were owned by the testator at the time of his death, and as to which it is claimed he died intestate.
Inasmuch as the testator’s wife was the sole residuary, as well as a specific devisee, all the devises to her which were contained in the will of her husband undoubtedly lapsed upon her death which *168occurred nearly ajear prior to that of her husband, and the decedent died intestate as to the lands which would otherwise…
2Cases cited4 opinions
- In Re the Final Judicial Settlement of the Accounts of WellsNew York Court of Appeals · 1889
- Gallagher v. . CrooksNew York Court of Appeals · 1892
- Matter of GantertNew York Court of Appeals · 1892
- Mellen v. BanningNew York Supreme Court · 1893
3Cited by7 opinions
- Lichtenberg v. LichtenbergAppellate Division of the Supreme Court of the State of New York · 1913
- Manley v. ManleyNew York Supreme Court · 1908
- In re the Estate of WattsNew York Surrogate's Court · 1920
- Stebbens v. TurnerNew York Supreme Court · 1907
- Kesterke v. Van WieAppellate Division of the Supreme Court of the State of New York · 1940
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