Smith v. . Chesebrough
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 1, 1903, which affirmed an interlocutory judgment in favor of plaintiff and defendants, respondents, entered upon a decision of the court on trial at Special Term.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 1, 1903, which affirmed an interlocutory judgment in favor of plaintiff and defendants, respondents, entered upon a decision of the court on trial at Special Term. The following are the questions certified : “ I. Was not a valid power to sell the real property described in the complaint given to appellant by his testator, Nicholas H. Chesebrough ? “ II. Did said Chesebrough’s testamentary disposition of said real property illegally suspend the power of alienation…
1Opinion of the CourtWerner, J.
This is an action for the partition of certain real'estate described in the complaint, situate in the counties of New York and Richmond in this state, and of which Dr. Nicholas H. Chesebrough, a resident of the state of New Jersey, died seized on April 6th, 1899. The plaintiff and certain of the defendants, who are collateral relatives and heirs at law of the late Dr. Chesebrough, assert ownership to this real estate by reason of the alleged partial intestacy of the latter, while the defendant Cranstoun and others claim title thereto as trustees under his will and codicil, upon the…
2Cases cited2 opinions
- Allen v. . StevensNew York Court of Appeals · 1899
- Garvey v. . McDevittNew York Court of Appeals · 1878
3Cited by20 opinions
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- In Re the Probate of Will of HitchcockNew York Court of Appeals · 1917
- In re the Estate of HowellsNew York Surrogate's Court · 1932
- In re Proving the Last Will & Testament of BerryAppellate Division of the Supreme Court of the State of New York · 1913
- Walter v. WalterNew York Supreme Court · 1908
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