Albany Hospital v. . Albany Guardian Society
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 6, 1913, affirming an interlocutory judgment of Special Term in an action for the partition of real property. The facts, so far as material, are stated in the opinion. The devise to the church was not void as suspending title for one year. The title vested in the church upon the death of the testator.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 6, 1913, affirming an interlocutory judgment of Special Term in an action for the partition of real property. The facts, so far as material, are stated in the opinion. The devise to the church was not void as suspending title for one year. The title vested in the church upon the death of the testator. (Oxley v. Lane, 35 N. Y. 340; Matter of Trumble, 199 N. Y. 454; Henderson v. Henderson, 113 N. Y. 1; Matter of Lincoln Trust Co., 76 Misc. Rep. 421; Jones v. Habersham, 107 U.…
1Opinion of the CourtHiscock, J.
This action was brought for the partition of certain real estate situate in the city of Albany. The respondent claims that it is seized and owner of one-third of said real estate under the residuary clause of the will of one Lathrop who concededly died seized of said property. The appellants, who are respectively the niece and grandniece of said testator, dispute this claim and allege that the title to said property passed to the heirs of said testator of whom they are two.
The judgment rendered by the trial court having adjudicated adversely to appellants’ claim of an interest in said…
2Cases cited11 opinions
- Riker v. . CornwellNew York Court of Appeals · 1889
- Moffett v. . ElmendorfNew York Court of Appeals · 1897
- Defreese v. LakeMichigan Supreme Court · 1896
- Cruikshank v. . Home for the FriendlessNew York Court of Appeals · 1889
- Welch v. SackettWisconsin Supreme Court · 1860
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3Cited by67 opinions
- Sinclair v. . PurdyNew York Court of Appeals · 1923
- Brown v. O'KEEFESupreme Court of the United States · 1937
- Brown v. RoutzahnCourt of Appeals for the Sixth Circuit · 1933
- United States v. IrvineSupreme Court of the United States · 1994
- The People v. FlanaginIllinois Supreme Court · 1928
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