Ward v. Ward
New York Supreme Court
Appeal by the plaintiff from a judgment entered upon a decision made at the Steuben county Special Term dismissing the complaint of the plaintiff with costs. The dismissal was based upon the supposed want of jurisdiction in the court to determine the questions presented by the complaint and by the offers and concessions made at the trial. Menzo Ward died April 18, 1874, seized' in fee simple of the lands described in the complaint.
Read the full summary
Appeal by the plaintiff from a judgment entered upon a decision made at the Steuben county Special Term dismissing the complaint of the plaintiff with costs. The dismissal was based upon the supposed want of jurisdiction in the court to determine the questions presented by the complaint and by the offers and concessions made at the trial. Menzo Ward died April 18, 1874, seized' in fee simple of the lands described in the complaint. He left him surviving his widow Caroline Ward (a defendant) and Herbert Ward, Mary H. Ward and Mina Ward, his children and only heirs-at-law. Before his death he…
1Opinion of the Court
Hardin, J.:
I think chapter 238 of .the Laws of 1853 authorizes this action of partition. The fact that the widow of the testator is in possession of the lands, claiming to own them under an apparent devise, does not deprive the court of jurisdiction. (See MS. opinion in Wager v. Wager,* decided at this term, opinion by Hardin, J.) This position is so fully considered and asserted in the authorities *433that we ought to consider it settled. (Hewlett v. Wood, 62 N. Y., 78, opinion of Miller, J.; and S. C., 1 Hun, 478, opinion of Talcott, J.; Jennings v. Conboy, 10 id., 77; Patterson v. McCunn, 46…
2Cases cited9 opinions
- Taylor v. . DoddNew York Court of Appeals · 1874
- Kinnier v. . RogersNew York Court of Appeals · 1870
- John Archer v. Mary DenealeSupreme Court of the United States · 1828
- Hewlett v. . WoodNew York Court of Appeals · 1875
- Myers v. EddyNew York Supreme Court · 1866
4 more not listed; retrieve them via the Exa API.