Ellerson v. . Westcott
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made April 23,1895, which reversed an order of Special Term denying a motion to amend the complaint. The plaintiff, claiming as one of the heirs of her brother, Munroe Westcott, who died Hay 9th, 1891, seized of several parcels of real estate, in November, 1893, commenced this action for partition.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made April 23,1895, which reversed an order of Special Term denying a motion to amend the complaint. The plaintiff, claiming as one of the heirs of her brother, Munroe Westcott, who died Hay 9th, 1891, seized of several parcels of real estate, in November, 1893, commenced this action for partition. In her complaint she alleges that she and the children of a deceased sister were the only heirs at law of her deceased brother. The complaint sets out a paper purporting to be the will of JVIunroe…
1Opinion of the Court
Andrews, Ch. J.
The plaintiff and the defendants, Elizabeth P. Westcott and Cora P. Ganung, were never tenants in common or joint tenants of the real property sought to be partitioned. The plaintiff claims title as one of the heirs at law of the testator, Munroe Westcott. The record title is by the will in the defendants named and others. If the will - is given full effect, the plaintiff has no title to or interest in the land. The land, at the commencement of the action, was in the possession of the executors in their character as such, or as devisees under the will.
The action of partition is…
2Cases cited3 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Weston v. . StoddardNew York Court of Appeals · 1893
- Hall v. . HallNew York Court of Appeals · 1880
3Cited by46 opinions
- Bradley v. FoxIllinois Supreme Court · 1955
- Dubin Paper Co. v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1948
- Bryant v. . BryantSupreme Court of North Carolina · 1927
- McAllister v. FairSupreme Court of Kansas · 1906
- Wall v. PfanschmidtIllinois Supreme Court · 1914
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