Messmann v. Egenberger
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action for partition by Elizabeth Messmann against Annette Egenberger, William Egenberger, and others. From an interlocutory-judgment entered upon a referee’s report, the plaintiff and the defendant William Egenberger appeal. Affirmed.
1Opinion of the CourtIngraham, J.
This action was brought for a partition of real property. The action was referred, by consent, to a referee,, upon whose report an interlocutory judgment was entered, and from that interlocutory judgment the plaintiff and one of the defendants appeal. There is no question of fact in dispute, the case presenting only a question of law. It appears that one Joseph A. Egenberger was seised and possessed of a lot of land in the city of New York, and that on the 21st day of June, 1891, he died, leaving a last will and testament, which was duly admitted to probate. By his will, after appointing…
2Cases cited1 opinion
- Kent v. HopkinsNew York Supreme Court · 1895
3Cited by5 opinions
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