Young v. Overbaugh
New York Supreme Court
Appeal from special term, Ulster county. Action by Horace Gr. Young, as trustee under the will of Thomas Cornell, deceased, against Sarah B. Overbaugh, to recover possession of a parcel of land, and a dwelling thereon, alleged to be part of testator’s estate. There was a judgment in favor of plaintiff, and defendant appeals. Reversed.
1Opinion of the CourtHerrick, J.
Thomas Cornell, deceased, was the half-brother of the defendant, and, prior to the year 1872, was the owner of the premises in question, which are located in Kingston, in this state, but, since the year 1872, the defendant has been in the possession and actual occupation of said premises, under the following circumstances: The defendant and her husband were residents of Catskill, where her husband was engaged in- business. During the year 1869, Thomas Cornell expressed the intention of purchasing a home for the defendant in Catskill, but one was riot found there that suited them.…
Also in this document: Concurrence.
2Cases cited9 opinions
- Freeman v. . FreemanNew York Court of Appeals · 1870
- Miller v. . BallNew York Court of Appeals · 1876
- Dygert v. RemerschniderNew York Court of Appeals · 1865
- McFadden v. . AllenNew York Court of Appeals · 1892
- Lowry v. TewNew York Court of Chancery · 1848
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3Cited by1 opinion
- In Re: Juan Alberto Acevedo Hernandez v. St. Andrews Estates 26, LLC, et al.United States Bankruptcy Court, D. New Jersey · 2026