Legal Opinion

Marsh v. . Consumers Park Brewing Co.

New York Court of Appeals

Decided February 27, 1917PublishedCited by 11 opinions

Appeal by plaintiff and certain of the defendants from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 20, 1914, which reversed an interolocutry judgment of Special Term directing a sale of the premises described in the complaint in an action of partition and directed a dismissal of the complaint. The facts, so far as material, are stated in the opinion.

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Appeal by plaintiff and certain of the defendants from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 20, 1914, which reversed an interolocutry judgment of Special Term directing a sale of the premises described in the complaint in an action of partition and directed a dismissal of the complaint. The facts, so far as material, are stated in the opinion. The remainder of George F. Marsh was divested in favor of his descendants upon his death during the lifetime of Anne L. Marsh, the life tenant. (Lyons v. Ostrander, 167 N. Y. 135;…

1Opinion of the CourtHogan, J.

Leonard Marsh, a resident of Burlington, Vermont, died in August, 1870, leaving a last will dated October 3d, 1868, and a codicil thereto executed October 28th, 1868, which will and codicil were admitted to probate in the state of Vermont on September 16th, 1870, and letters testamentary thereon issued to Anne L. Marsh, his widow, who was named as executrix of the will.

The testator left him surviving his widow, Anne L. Marsh, three sons, William F. Marsh, George F. Marsh and Charles F. Marsh, and one daughter, Anna L. Marsh, who were his sole heirs at law and next of kin. George F. Marsh, one…

2Cases cited10 opinions

  1. Baer v. HendricksNew York Court of Appeals · 1895
  2. Lyons v. . OstranderNew York Court of Appeals · 1901
  3. Mullarky v. . SullivanNew York Court of Appeals · 1892
  4. McLean v. . McLeanNew York Court of Appeals · 1913
  5. Fowler v. . IngersollNew York Court of Appeals · 1891

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3Cited by11 opinions

  1. In Re the Accounting of BuechnerNew York Court of Appeals · 1919
  2. In Re the Accounting of EvansNew York Court of Appeals · 1922
  3. In re the Estate of WeekesNew York Surrogate's Court · 1940
  4. In re the Accounting of City Bank Farmers Trust Co.New York Surrogate's Court · 1958
  5. In re the Accounting of ClarkAppellate Division of the Supreme Court of the State of New York · 1948

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