Legal Opinion

Messmann v. Egenberger

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

Decided July 1, 1899PublishedCited by 10 opinions

Appeal by the plaintiff, Elizabeth Messmann, and the defendant William Egenberger, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 7th day of September, 1899, upon the. report of a referee in partition.

1Opinion of the Court

Ingraham, 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 j udgment 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 seized 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…

2Cases cited1 opinion

  1. Kent v. HopkinsNew York Supreme Court · 1895

3Cited by10 opinions

  1. In re the Judicial Settlement of the Account of The Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1918
  2. Bradford v. LeakeTennessee Supreme Court · 1910
  3. In re Estate of NobleSupreme Court of Iowa · 1922
  4. Estate of Hamlin ex rel. Lincoln Rochester Trust Co. v. CommissionerUnited States Tax Court · 1947
  5. In re the Estate of BernhardiNew York Surrogate's Court · 1934

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