Nellis v. . Nellis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 1, 1883, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This was an action for partition of certain lands to which the complaint alleged the parties acquired title in fee under and by the will of George H. Nellis, deceased.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 1, 1883, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This was an action for partition of certain lands to which the complaint alleged the parties acquired title in fee under and by the will of George H. Nellis, deceased. The answer denied that the parties were owners in fee, and alleged a defect of parties in that certain persons, grandchildren of the testator’s son, Henry G. Nellis, vvho had a…
1Opinion of the CourtMiller, J.
The question to be determined in this action depends upon the construction to be placed upon certain provisions in the last will and testament of George H. Nellis, deceased, under which both the plaintiff and defendant derive title.
The testator by his will gave to his two grandsons, Henry H. Nellis, and George H. Nellis, plaintiff and defendant herein, the real estate described in the complaint as hereinafter stated.
The third clause of the will provides as follows : “ I will and devise to my grandsons Henry H. Nellis and George H. Nellis, the sons of my son Henry G. Nellis, jointly and in…
2Cases cited8 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Livingston v. . GreeneNew York Court of Appeals · 1873
- Embury v. . SheldonNew York Court of Appeals · 1877
- Jordan v. . PoillonNew York Court of Appeals · 1879
- Kelly v. . KellyNew York Court of Appeals · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Williams v. . MontgomeryNew York Court of Appeals · 1896
- Becker v. ChesterWisconsin Supreme Court · 1902
- Carley v. . HarperNew York Court of Appeals · 1916
- March v. . MarchNew York Court of Appeals · 1906
- In Re the Accounting of CramerNew York Court of Appeals · 1902
18 more not listed; retrieve them via the Exa API.