Ferry v. Dunham
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Viola H. Ferry, and the defendants Solomon Williams and others, from an interlocutory judgment of the Supreme Court in favor of the defendants Sarah Green and others, entered in the office of the cleric of the county of Saratoga on the 9th day of April, 1909, upon the decision of the court rendered after atrial before the court without a jury at the Saratoga Trial Term. '
1Opinion of the Court
Cochrane, J.:
The question we are. asked to determine is whether an undivided one-half of the. property in question was devised to Gertrude M. Dyer by her mother as claimed by the appellants or descended to her from her father as claimed by the respondents. . On the determination of this question depends the various rights of the parties hereto under section 288 of the Real Property Law (Laws of 1896, chap. 547, as amd. by Laws of 1904, chap. 106).
Benjamin W. Dyer died intestate in 1877, owning the entire property and leaving him surviving a widow, Clarissa M. Dyer, and two children, Jerome W.…
2Cases cited2 opinions
- Forman v. . MarshNew York Court of Appeals · 1854
- Foreman v. ForemanNew York Supreme Court · 1849