Johnson v. . Brasington
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered June 8, 1895, affirming a judgment in favor of defendants entered upon an order of Special Term sustaining a demurrer and dismissing the complaint upon the ground that it failed to state facts sufficient to constitute a cause of action. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered June 8, 1895, affirming a judgment in favor of defendants entered upon an order of Special Term sustaining a demurrer and dismissing the complaint upon the ground that it failed to state facts sufficient to constitute a cause of action. The nature of the action and the facts, so far as material, are stated in the opinion. The language of the will, indicates clearly that the testator intended to devise the whole of his estate, including the remainder in fee, and if it was in any way…
1Opinion of the CourtO'Brien, J.
The question in this case arises upon a demurrer to the complaint in an action brought to partition about fifty acres of land. It is admitted that the land in question was owned in fee by Samuel Brasington at the time of his death on the 27th of February, 1874. He left a will, and the question involves a construction of one of its provisions. The testator left no child or descendant surviving him except a son, Stephen L. Brasington, by a former wife who died in July, 1854. He left a widow, his second wife, Betsey Brasington, who is named in the will as the devisee and legatee of the" bulk of…
2Cases cited5 opinions
- Riker v. . CornwellNew York Court of Appeals · 1889
- Lamb v. . LambNew York Court of Appeals · 1892
- Schult v. . MollNew York Court of Appeals · 1892
- Wager v. . WagerNew York Court of Appeals · 1884
- Floyd v. . CarowNew York Court of Appeals · 1882
3Cited by32 opinions
- New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
- In Re the Accounting of RussellNew York Court of Appeals · 1901
- Jackson's EstateSupreme Court of Pennsylvania · 1940
- Clark EstateSupreme Court of Pennsylvania · 1948
- Harris EstateSupreme Court of Pennsylvania · 1944
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