Olmsted v. Olmsted
Appellate Division of the Supreme Court of the State of New York
Appeal .by the defendants, John II. Olmsted and another, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 2d day of August, 1906, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Laughlin, J.:
This is an action by one of the sons of Benjamin F. Olmsted, deceased, for a partition or sale of real e'state devised by the will of plaintiff’s grandfather, Silas Olmsted, to the issue of his two sons, William F. and said Benjamin F., after tlie death of the survivor of them. The property was sold during the. pendency of the action by the executor of said Silas Olmsted, pursuant to a power of sale contained in the will. The decision of the court from which the appeal is taken directs a distribution of the proceeds of the sale between lawful issue of said Benjamin F. and William…
2Cases cited3 opinions
- Haddock v. HaddockSupreme Court of the United States · 1906
- Miller v. . MillerNew York Court of Appeals · 1883
- In re the Accounting of HallAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- In re the Estate of MoncriefNew York Surrogate's Court · 1922