Wood v. Hubbard
Appellate Division of the Supreme Court of the State of New York
Appeal from equity term, Monroe county. Action by Sarah L. Wood against Richard P. Hubbard and others. From an interlocutory judgment for the plaintiff, defendants appeal.
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Appeal from equity term, Monroe county. Action by Sarah L. Wood against Richard P. Hubbard and others. From an interlocutory judgment for the plaintiff, defendants appeal. One Richard P. Hubbard, Sr., the father of the plaintiff, departed this life on the 22d day of June, 1895, leaving a last will and testament, which was executed on the 10th day of September, 1889, to which there was annexed a codicil bearing date the 17th of January, 1893. The will contained several specific devises of real estate to the testator’s wife, Louisa E. Hubbard, who was also made the residuary devisee and legatee…
1Opinion of the CourtAdams, 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, and the decedent died .intestate as to the lands which would otherwise have gone to her. In re Wells, 113 N. Y. 396, 21 N. E. 137.…
2Cases cited5 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
- Palmer v. ParetNew York Supreme Court · 1894
3Cited by2 opinions
- Mitchell v. MitchellAppellate Division of the Supreme Court of the State of New York · 1910
- Wood v. HubbardAppellate Division of the Supreme Court of the State of New York · 1898