Legal Opinion

Barker v. Barker

New York Supreme Court

Decided March 15, 1915PublishedCited by 10 opinions

Action for partition.

1Opinion of the CourtBlackmar, J.

This is an action for the partition of real property, and two questions are presented to the court for determination.

First. Is the defendant infant Beatrice Arabelle Barker entitled to share in the property as an “ heir and descendant,” of her grandfather, Samuel P. Barker; and

Second. Do the descendants of Samuel P. Barker and Charles Barker take the property per stirpes or per capital

The first question involves the legitimacy of the infant. Her parents went through a ceremonial marriage on the 28th day of June, 1897. Her father, now dead, was the son of Samuel P. .Barker, and it is *393claimed…

2Cases cited2 opinions

  1. Baylis v. . BaylisNew York Court of Appeals · 1913
  2. Baylis v. BaylisAppellate Division of the Supreme Court of the State of New York · 1911

3Cited by10 opinions

  1. Casey v. GallagherOhio Supreme Court · 1967
  2. Barker v. BarkerAppellate Division of the Supreme Court of the State of New York · 1916
  3. Bloch v. EwingDistrict Court, S.D. California · 1952
  4. In re BiersackNew York Surrogate's Court · 1916
  5. Price v. TompkinsNew York Supreme Court · 1919

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