Fisher v. . Hall
New York Court of Appeals
Appeal from the judgment of the Supreme Court in the first judicial district, affirming judgment for the plaintiff, on the report of W. T. McCoun, referee. This action was brought by the plaintiffs, as devisees, under the will of Leonard Fisher, deceased, for the recovery of the possession of certain undivided interests in the premises situated in the city of New York, known as No. 66 Centre street.
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Appeal from the judgment of the Supreme Court in the first judicial district, affirming judgment for the plaintiff, on the report of W. T. McCoun, referee. This action was brought by the plaintiffs, as devisees, under the will of Leonard Fisher, deceased, for the recovery of the possession of certain undivided interests in the premises situated in the city of New York, known as No. 66 Centre street. The following is the devising clause in the will: "I give and bequeath unto my son George, in trust and for the use of his children and their heirs, all that house and lot of ground, known on said…
1Opinion of the CourtDaniels, J.
The deed from Leonard Fisher, to his son, George Fisher, was dated on the 19th day of September, 1822, and from that time until the month of September, 1835, when Leonard Fisher died, it appears to have remained in his possession, for it was found among his papers after his decease. If the evidence of George Fisher, taken upon the trial, was to be credited, and that, under the circumstances, was for the referee to decide, he knew nothing of the deed until December, 1840, when he procured it from a trunk containing his father’s papers, previously deposited by the executors of his father’s…
2Cases cited3 opinions
- Church v. GilmanNew York Supreme Court · 1836
- Berry v. AndersonIndiana Supreme Court · 1864
- Merrills v. SwiftSupreme Court of Connecticut · 1847
3Cited by38 opinions
- Taft v. TaftMichigan Supreme Court · 1886
- Jacoby v. . JacobyNew York Court of Appeals · 1907
- Koehler v. . HughesNew York Court of Appeals · 1896
- Wallace v. . BerdellNew York Court of Appeals · 1884
- Paxton v. StateNebraska Supreme Court · 1899
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