Hunter v. Hunter
New York Supreme Court
The complaint in this cause was filed by Elias Desbrosses Hunter, individually, and as executor of the last will and testament of John Hunter, late of Hunter’s Island in the county of Westchester, deceased, against the defendants John Hunter, jtm. Elizabeth D. Hunter, Ann M. Hunter, Adele Hunter and Elias D. Hunter, jun. for a construction of the will of the testator, and of. sundry deeds upon which his title depended.
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The complaint in this cause was filed by Elias Desbrosses Hunter, individually, and as executor of the last will and testament of John Hunter, late of Hunter’s Island in the county of Westchester, deceased, against the defendants John Hunter, jtm. Elizabeth D. Hunter, Ann M. Hunter, Adele Hunter and Elias D. Hunter, jun. for a construction of the will of the testator, and of. sundry deeds upon which his title depended. The complaint alleged that the testator died on the 12th of September, 1852, having in his lifetime and on or about the 8th of May, 1852, duly made and published his last will…
1Opinion of the Court
By the Court, S. B. Strong, J.
As all persons now in being who can have any interest, according to the statements in the pleadings and the proofs in this action, either in the property to which the testator was at any time entitled in his own right, or that which descended to his wife from her father, are before this court as parties, (except Mary Mills, concerning whose estate or rights under the will no question exists,)—as the questions which have been raised upon the will necessarily involve to a considerable extent a consideration of the tenor and effect of the deeds—as the plaintiff…
2Cases cited4 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Ruggles v. LawsonNew York Supreme Court · 1816
- Payn v. BealNew York Supreme Court · 1847
- Van Rensselaer v. PoucherNew York Supreme Court · 1847
3Cited by16 opinions
- Hathaway v. . PayneNew York Court of Appeals · 1865
- Thatcher v. Wardens & Vestrymen of St. Andrew's ChurchMichigan Supreme Court · 1877
- Wallace v. HarrisMichigan Supreme Court · 1875
- Loggerhead Turtle v. County Council of Volusia County, FloridaCourt of Appeals for the Eleventh Circuit · 1998
- Webster v. Kings County Trust Co.New York Court of Appeals · 1895
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