Udell v. Stearns
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Henry S. Stearns and another, from an interlocutory judgment of the County Court of Kings county in favor of the plaintiff, entered in the office of the clerk of said county on the 12tli day of September, 1907, upon the decision of the court, a trial by jury having been waived. This is an action of partition of real estate.
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Appeal by the defendants, Henry S. Stearns and another, from an interlocutory judgment of the County Court of Kings county in favor of the plaintiff, entered in the office of the clerk of said county on the 12tli day of September, 1907, upon the decision of the court, a trial by jury having been waived. This is an action of partition of real estate. One Wilder died possessed of the land in question in 1880, leaving a widow and four children. lie left a will which was made in 1874. It left all of his property to his widow. Two of the children were born after the will was made, but during the…
1Opinion of the Court
Gaynor, J.:
The two after-born children succeeded as heirs, each to an undivided one-fourth of the land of the testator upon- -his death, for it was provided by the Revised Statutes that whenever a testator should have a child born after the making of his will, either during his life or after his death, such child should “succeed” to the same portion of the testator’s real and personal estate as would have “descended or been distributed” to him if the testator liad died intestate; provided (as is the case here) such child were left “ unprovided for by any settlement, and neither provided for…
2Cases cited1 opinion
- Dawley v. . BrownNew York Court of Appeals · 1880
3Cited by5 opinions
- Yung v. BlakeAppellate Division of the Supreme Court of the State of New York · 1914
- McCrum v. McCrumAppellate Division of the Supreme Court of the State of New York · 1910
- In re the Probate of Paper Writing Purporting to be the Last Will & Testament of BostwickNew York Surrogate's Court · 1912
- Link Realty & Construction Co. v. Public Construction Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Marett, Adm'r v. BroomSupreme Court of South Carolina · 1931