Brazill v. Weed
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Lila Morrison Weed and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d day of February, 1920, separating issues, requiring the equity issues to be first tried and determined and postponing the trial upon the issue raised upon the defendants’ counterclaim in ejectment until after the trial of'the plaintiff’s issues raised by the complaint and the…
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Appeal by the defendants, Lila Morrison Weed and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d day of February, 1920, separating issues, requiring the equity issues to be first tried and determined and postponing the trial upon the issue raised upon the defendants’ counterclaim in ejectment until after the trial of'the plaintiff’s issues raised by the complaint and the answer.
1Opinion of the Court
Smith, J.:
The action was brought to remove as a cloud upon plaintiff’s title to premises No. 464 West One Hundred and Forty-fifth street in the borough of Manhattan, certain claims made by defendants to said premises. One Thomas M. Weed died January 28, 1918, the owner of the premises in question. He left a last will and testament in an,d by which he devised the realty in question in trust to the defendants Margaret Weed and Frederick A. Southworth, who were named as executors. The will assumed to give them a power of sale of the said premises with directions to use the income of sale for…
2Cases cited3 opinions
- Corley v. . McElmeelNew York Court of Appeals · 1896
- In re the Estate of WeedNew York Surrogate's Court · 1919
- In re ClarkAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by2 opinions
- Velsor v. FreemanNew York Supreme Court · 1922
- Weed v. BrazillAppellate Division of the Supreme Court of the State of New York · 1920