Fletcher v. Barber
New York Supreme Court
Appeal from circuit court, Franklin county. Action by Albert A. Fletcher against Myron 0. Barber and Lucy Barber to recover possession of land. There was a judgment in favor of plaintiff on a trial by the court without a jury, and defendants appeal.
1Opinion of the CourtPutnam, J.
It is doubtful whether, under any authorized construction of the will of William Scranton, deceased, it could be held to have conveyed to Myron Barber, through whom defendants claim title, more than 10 acres of the land, to recover which this action is brought. The description in the devise is indefinite, only extending part way around the lot. No boundaries are given on the north or east side. Nor is there any general or other description of the •land sought to be devised, or any statements contained in the will, that enables us to determine the intent of the testator. It is true that if…
2Cases cited4 opinions
- Goebel v. . IfflaNew York Court of Appeals · 1888
- Coleman v. Manhattan Beach Improvement Co.New York Court of Appeals · 1883
- Thayer v. . FintonNew York Court of Appeals · 1888
- Lee v. ParkerNew York Supreme Court · 1865
3Cited by2 opinions
- Barnes v. AndersonOregon Supreme Court · 1923
- Coyle v. . WardNew York Court of Appeals · 1901