Legal Opinion

Mills v. Thompkins

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1905PublishedCited by 10 opinions

Appeal- by the plaintiffs, Benjamin P. Mills and others, from a judgment of the Supreme Court in favor of. the defendant Irene G. Ganun, éntered in the. office ¡of the clerk of the county of Yew York on "the 24th day of May, 1905, upon the decision of the court rendered after a trial' before the court without .a jury at the Yew York Trial Term. ■ • '

1Opinion of the Court

McLaughlin, J.:

The parties to this litigation claim to own dr have an interest in . certain real estate in the city of Yew York, to settle and determine which this action was brought. .The determination of -the question turns upon the construction -to be put . upon the will of one John Tice, who died on or about - the 31st of December, 1.832, seized of . the premises described in-’ the complaint. If the title to such real éstate passed under the will of Tice to his widow, then-the’plaintiffs have good title and defendants do not own and have no interest in such land. The trial court'reached…

2Cases cited5 opinions

  1. Morton v. . WoodburyNew York Court of Appeals · 1897
  2. Schult v. . MollNew York Court of Appeals · 1892
  3. Wager v. . WagerNew York Court of Appeals · 1884
  4. Byrnes v. . BaerNew York Court of Appeals · 1881
  5. Lasher v. LasherNew York Supreme Court · 1852

3Cited by10 opinions

  1. West v. WestAppellate Division of the Supreme Court of the State of New York · 1926
  2. Stubbs v. AbelOregon Supreme Court · 1925
  3. In re ReynoldsNew York Surrogate's Court · 1919
  4. Chambers v. BringenbergNebraska Supreme Court · 2021
  5. In re the Estate of JonesNew York Surrogate's Court · 1911

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