Metcalf v. Crystal Brook Park Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles P. Metcalf, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Suffolk on the 17th day of November, 1900, upon the decision of the court rendered after a trial at the Suffolk Special Term.
1Opinion of the Court
Sewell, J.:
The appellant is the owner of an island in Mount Sinai harbor, known as Tooker’s island. The respondent is the owner of the mainland near said island, known as Crystal Brook neck or Tooker’s neck. Nathaniel Tooker, the common source of title, died in 1799, leaving a will, the material portions of which read as follows, viz.: “ Item. I give and bequeath to my oldest daughter, Huldah Tooker, all my neck of land that I now live on call (sic) Christie crook neck together with all the salt meadow adjoining said neck. * * *
*446“ Item. I give and bequeath to my daughter, Nancy Tooker, all the…
2Cases cited3 opinions
- Clark v. . DevoeNew York Court of Appeals · 1891
- Nellis v. . MunsonNew York Court of Appeals · 1888
- Robinson v. WileyNew York Court of Appeals · 1857
3Cited by3 opinions
- In re the Estate of QuigleyNew York Surrogate's Court · 1963
- In re the Estate of PassanisiNew York Surrogate's Court · 1984
- In re the Estate of StephensNew York Surrogate's Court · 1998