Roseboom v. . Roseboom
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment entered upon a decision of the court on trial at Special Term. (Reported below, 15 Hun, 309.) This action was for the partition of a farm situate in Jefferson county, of which Isaac L. Roseboom died seized. Plaintiff claimed as grantor of the widow of the deceased a fee in one-third of the premises.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment entered upon a decision of the court on trial at Special Term. (Reported below, 15 Hun, 309.) This action was for the partition of a farm situate in Jefferson county, of which Isaac L. Roseboom died seized. Plaintiff claimed as grantor of the widow of the deceased a fee in one-third of the premises. The defendants, who are the children of the deceased, claim that, under the will of the deceased, the widow took only a life estate in the one-third. The provision of the will upon…
1Opinion of the CourtDanforth, J.
Isaac L. Roseboom died leaving a will containing these words: “ I give and bequeath my beloved wife, Susan, one-third part of all my property, both real and personal, and to have the control of my farm as long as she remains my widow, and I wish my son, George, to have the first privilege of carrying on the farm as my wife may see fit and proper, and at the death of my wife all my property, both real and personal, to be equallydivided between my eight children.” At his death he owned and possessed certain real estate, i. e., the farm referred to ; concerning it a controversy has arisen…
2Cases cited3 opinions
- Covenhoven v. ShulerNew York Court of Chancery · 1830
- Taggart v. . MurrayNew York Court of Appeals · 1873
- Trustees of the Theological Seminary of Auburn v. . KelloggNew York Court of Appeals · 1857
3Cited by115 opinions
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- Moffett v. . ElmendorfNew York Court of Appeals · 1897
- Fowler v. DuhmeIndiana Supreme Court · 1896
- Fairchild v. . Edson Edson v. . BartowNew York Court of Appeals · 1897
- Byrnes v. . StilwellNew York Court of Appeals · 1886
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