Legal Opinion

Mee v. . Gordon

New York Court of Appeals

Decided February 26, 1907PublishedCited by 46 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 29, 1905, which reversed an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directed a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.

1Opinion of the CourtHiscock, J.

This is an action for partition and involves the construction of the last will and testament of one Harriet M. Kemp, who at death was seized of the premises of which partition is sought. The underlying specific question is whether a clause in said will which, standing by itself, devised an undivided portion of the premises to one John B. Mee, plaintiff’s father, absoluteljq was by an immediately succeeding clause so modified as to reduce said estate to an interest for life, with remainder to said Mee’s wife and children.

The learned Appellate Division held that the first clause was not so…

2Cases cited6 opinions

  1. Tobias v. . KetchumNew York Court of Appeals · 1865
  2. Ward v. . WardNew York Court of Appeals · 1887
  3. Du Bois v. RayNew York Court of Appeals · 1866
  4. Morton v. MortonNew York Supreme Court · 1850
  5. Dorland v. DorlandNew York Supreme Court · 1847

1 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Anderson v. WilsonSupreme Court of the United States · 1933
  2. In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
  3. Matter of KohlerNew York Court of Appeals · 1921
  4. Bishop v. BishopNew York Court of Appeals · 1931
  5. Close v. Farmers' Loan & Trust Co.New York Court of Appeals · 1909

41 more not listed; retrieve them via the Exa API.

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