Hetzel v. . Barber
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order denying a motion for a new trial and directing judgment upon a verdict. (Reported below, 6 Hun, 534.)-This was an action of ejectment to recover possession of certain premises situate in the city of Auburn, known as the “ Dennis Place.”
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order denying a motion for a new trial and directing judgment upon a verdict. (Reported below, 6 Hun, 534.)-This was an action of ejectment to recover possession of certain premises situate in the city of Auburn, known as the “ Dennis Place.” Both parties claimed title through Louisa Easterly, deceased, who died seized of the premises in April, 1866, leaving a last will and testament and a codicil; the material portions of. the will are as follows: “ The house and lot where I now…
1Opinion of the CourtEarl, J.
Mrs. Easterly died seized of two parcels of land situate in the city of Auburn, one of three acres called the homestead, and another of four acres called the Dennis place. By her will, she devised the former parcel to her two daughters, Emma and Anna, subject to a life estate therein which she gave to her husband ; and she provided that during the life of her husband, it should be a home for him and her daughters, and that it should be alienable by them only after the daughters became of age. The latter parcel she devised in equal parts to her husband and two daughters, and authorized and…
2Cases cited11 opinions
- Despard v. . WalbridgeNew York Court of Appeals · 1857
- Mandlebaum v. McDonellMichigan Supreme Court · 1874
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- Jackson ex dem. Merrick v. PostNew York Supreme Court · 1836
- Crittenden v. . FairchildNew York Court of Appeals · 1869
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3Cited by70 opinions
- Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
- Morse v. . MorseNew York Court of Appeals · 1881
- Mellen v. . MellenNew York Court of Appeals · 1893
- Greenland v. . WaddellNew York Court of Appeals · 1889
- Prentice v. . JanssenNew York Court of Appeals · 1880
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