Paget v. . Melcher
New York Court of Appeals
Cross-appeals, by certification, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 11, 1898, modifying an interlocutory judgment entered upon a decision of the Special Term. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion.
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Cross-appeals, by certification, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 11, 1898, modifying an interlocutory judgment entered upon a decision of the Special Term. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion. When the deed of trust, duly executed, was delivered to the trustee, then Henry Leiden Stevens, the only son of the grantor, Paran Stevens, became seized of a vested remainder in fee in an undivided one-third of the Fifth avenue and Twenty-eighth…
1Opinion of the CourtHaight, J.
This action was brought for the partition of real property and for a division of certain personal property which Paran Stevens had bequeathed to his wife for life.
With reference to the real estate sought to be partitioned, it appears that it was conveyed on the 29th day of April, 1863, by Paran Stevens to Charles G. Stevens, upon the trust, however, that Charles was to receive the rents and profits, and, after • paying the taxes and repairs, “ tó pay over the balance to Marietta Stevens, wife of the said Paran Stevens, during her life, * * * and upon the death of the said Marietta Stevens,…
2Cases cited8 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- Hersee v. . SimpsonNew York Court of Appeals · 1897
- In Re the Accounting of BrownNew York Court of Appeals · 1897
- Campbell v. . StokesNew York Court of Appeals · 1894
- Townshend v. . FrommerNew York Court of Appeals · 1891
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3Cited by25 opinions
- Gilliam v. . Guaranty Trust Co.New York Court of Appeals · 1906
- Clark v. MorehousNew Jersey Court of Chancery · 1908
- In Re the Will of KochNew York Court of Appeals · 1940
- Lewisohn v. . HenryNew York Court of Appeals · 1904
- In re HoadleyDistrict Court, S.D. New York · 1900
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