Barber v. . Terry
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered September 26, 1916, modifying and affirming as modified a judgment of Special Term dismissing the complaint in an action for partition and to set aside a devise of real property. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtPound, J.
The plaintiffs bring this action as heirs at law of Tootie McGregor Terry, deceased, for the partition of real property situate in Westchester county in this state. Their contention is that although Mrs. Terry left a last will and testament purporting to dispose of her entire estate, both real and personal, valued at about $3,000,000, this part of the estate was not validly disposed of by the will. The testatrix had a husband and she attempted to give more than one-half of her estate to benevolent and charitable organizations. This she could not do. The intestate excess amounts to upwards of…
2Cases cited5 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- Jones v. . KellyNew York Court of Appeals · 1902
- In re TeedNew York Supreme Court · 1891
- Mathews v. StudleyAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by23 opinions
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1930
- In re Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1924
- DiSanto v. Wellcraft Marine Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- In re the Accounting of HerrmannNew York Surrogate's Court · 1948
- In re the Judicial Settlement of the Account of Proceedings of ArnoltNew York Surrogate's Court · 1926
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