Schey v. . Schey
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1908, which affirmed an interlocutory judgment of Special Term in favor of plaintiff in an action for the partition of certain real property comprising a portion of the estate of Simon Schey, deceased, as to which it was claimed he died intestate.' The following questions were certified: “ 1. Are the trusts attempted to be created by the…
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1908, which affirmed an interlocutory judgment of Special Term in favor of plaintiff in an action for the partition of certain real property comprising a portion of the estate of Simon Schey, deceased, as to which it was claimed he died intestate.' The following questions were certified: “ 1. Are the trusts attempted to be created by the testator under paragraphs ‘ Fourth,’ 6 Fifth,’ £ Sixth,’ £ Seventh ’ and £ Eighth,’ as modified by the provisions of…
1Opinion of the CourtHiscock, J.
This action was brought by plaintiff, a daughter of one Schey, deceased, for the partition of certain real estate owned by him at the time of his death. The action is brought on the theory that certain clauses of a will executed by said deceased are invalid and that, therefore, he died intestate as to a large portion of his estate, and the Appellate Division has certified to us the questions whether the clauses under consideration are valid either in whole or in part.
Disregarding all contingencies and provisions in the will which are conceded to be immaterial in the present discussion we have…
2Cases cited6 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Vanderpoel v. . LoewNew York Court of Appeals · 1889
- Oxley v. . LaneNew York Court of Appeals · 1866
- Corse v. . ChapmanNew York Court of Appeals · 1897
- Tiers v. . TiersNew York Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re the Will of HornerNew York Court of Appeals · 1924
- Central Trust Co. v. FalckAppellate Division of the Supreme Court of the State of New York · 1917
- Chastain v. TilfordAppellate Division of the Supreme Court of the State of New York · 1910
- Orr v. OrrAppellate Division of the Supreme Court of the State of New York · 1911
- Boynton v. LahensNew York Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.