Olmsted v. . Olmsted
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 1, 1907, which modified and affirmed as -modified a judgment of Special Term in an action of partition. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 1, 1907, which modified and affirmed as -modified a judgment of Special Term in an action of partition. The facts, so far as material, are stated in the opinion. The attempted marriages both in New Jersey and iu Michigan by the said Benjamin F. Olmsted with Sara Louise Welchman were, and each of them are, void in the state of New York, and as to any property therein, and the issue of these attempted marriages, the defendants John H. and William II. Olmsted, were not and are…
1Opinion of the CourtHaight, J.
This action was brought to obtain a partition or sale of real estate claimed by the appellants as tenants in common, and for a determination of the rights of the parties to share in the proceeds of any sale that should be made thereof.
It appears, in substance, from the findings made by the trial court, that the real estate in question was formerly owned by one Silas Olmsted, late of Tarrytown, H. Y., who died in 1874, leaving a last will and testament with codicils attached which were admitted to probate, by which he devised the use of the property to his sons, William F. and Benjamin…
2Cases cited6 opinions
- Haddock v. HaddockSupreme Court of the United States · 1906
- Winston v. . WinstonNew York Court of Appeals · 1901
- Miller v. . MillerNew York Court of Appeals · 1883
- Adams v. AdamsMassachusetts Supreme Judicial Court · 1891
- In Re the Application for Letters of Administration of the Goods, Chattels and CreditsNew York Court of Appeals · 1898
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3Cited by48 opinions
- Olmsted v. OlmstedSupreme Court of the United States · 1910
- Matter of LindgrenNew York Court of Appeals · 1944
- Hubbard v. . HubbardNew York Court of Appeals · 1920
- Ackerman v. . AckermanNew York Court of Appeals · 1910
- In Re the Estate of HaffnerNew York Court of Appeals · 1930
43 more not listed; retrieve them via the Exa API.