Chew v. . Sheldon
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 30, 1912, affirming a judgment in favor of defendants entered upon a dismissal of the complaint upon the merits by the court on trial at Special Term in an action of partition. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 30, 1912, affirming a judgment in favor of defendants entered upon a dismissal of the complaint upon the merits by the court on trial at Special Term in an action of partition. The facts, so far as material, are stated in the opinion. At the time of the commencement of this action the title of the parties hereto to the lands in question was not subject to any estate therein created by their father’s will; and Carrie A. Sheldon is not the owner of any “ particular estate”…
1Opinion of the CourtCuddeback, J.
Anson S. Sheldon died in the year 1907, leaving a last will and testament made in 1903, whereby he devised all his property, both real and personal, to his wife Juliaette, and made the following provision for his daughter Carrie A. Sheldon:
“ Second. My daughter Carrie shall have a home and support in the house on the farm that I shall own at my decease, or, if after my decease, my wife shall deem it necessary to remove to some other place, my daughter shall be provided with a home and support by my wife Juliaette.”
At the time of making the will, the testator was the owner of a farm containing…
2Cases cited15 opinions
- Fish v. HowlandNew York Court of Chancery · 1828
- In Re the Accounting of Title Guarantee & Trust Co.New York Court of Appeals · 1909
- Thurber v. . ChambersNew York Court of Appeals · 1876
- Dee v. DeeIllinois Supreme Court · 1904
- Scott v. . StebbinsNew York Court of Appeals · 1883
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3Cited by39 opinions
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- Chiang v. ChangAppellate Division of the Supreme Court of the State of New York · 1988
- In re the Estate of GablerNew York Surrogate's Court · 1931
- Graffeo v. PacielloAppellate Division of the Supreme Court of the State of New York · 2007
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