Swarthout v. . Ranier
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made February 7, 1893, which reversed a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on trial at Special Term and ordered a new trial.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made February 7, 1893, which reversed a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on trial at Special Term and ordered a new trial. This action was brought to have a mortgage executed by Ann E. Swarthout Ranier to the defendant, her husband, declared fraudulent and void and canceled of record as a cloud on the title to certain lands. The facts, so far as material, are stated in the opinion. The complaint was properly dismissed…
1Opinion of the CourtFinch, J.
Darius Swarthout died in 1886, leaving a widow, but no descendants, and having brothers and sisters surviving, who became and were his heirs at law. He made his will, by the terms of which he gave all his property, real and personal, to his wife, expressing the scope and character of his gift in these words, viz.: “ To have and to hold for her comfort and support all of the above-named property if she needs the same during her natural lifetime, if she should outlive me.” The testator’s meaning is further explained by the language of a subsequent gift to the Baptist church, which reads thus: “…
2Cases cited2 opinions
- Torry v. . BlackNew York Court of Appeals · 1874
- Cole v. . Germania Fire Ins. Co.New York Court of Appeals · 1885
3Cited by34 opinions
- Seaward v. . DavisNew York Court of Appeals · 1910
- Hamilton v. . Erie R.R. Co.New York Court of Appeals · 1916
- In re the Estate of GatehouseNew York Surrogate's Court · 1933
- West v. WestAppellate Division of the Supreme Court of the State of New York · 1926
- Herring v. . WilliamsSupreme Court of North Carolina · 1910
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