Shannon v. Pickell
New York Supreme Court
Appeal from judgment on report of referee. Action by Bobert II. Shannon against John H. Piekell and others, in which it was determined that the plaintiff, together with all the other respondents, were tenants in common of the premises, deriving their title under the last will and testament of William H. Pickell, who died, as it is claimed by the plaintiff, and a part of the defendants, the owner in fee-simple, which was denied by the appellants, who claim title thereto as…
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Appeal from judgment on report of referee. Action by Bobert II. Shannon against John H. Piekell and others, in which it was determined that the plaintiff, together with all the other respondents, were tenants in common of the premises, deriving their title under the last will and testament of William H. Pickell, who died, as it is claimed by the plaintiff, and a part of the defendants, the owner in fee-simple, which was denied by the appellants, who claim title thereto as the heirs at law of John Pickell, who was a brother of the said testator. At the time of his death William II. Pickell was…
1Opinion of the CourtBarker, P. J.
On the former appeal in this action, it was held that the conversations between the parties to this action, as to their rights and interests in the premises, could be litigated and determined and a decree for partition entered under the provision of section 1543 of the Code of Civil Procedure. See 2 N. Y. St. Rep. 160. It was also determined that the conveyance of the premises by the trustee of the power of Haney G. Pickell to John Pickell was unauthorized and invalid, and that the power remained unexecuted at the time of her death, and vested in this court to be executed under its…
2Cases cited7 opinions
- Palmer v. . HornNew York Court of Appeals · 1881
- Mowatt v. CarowNew York Court of Chancery · 1838
- Prowitt v. . RodmanNew York Court of Appeals · 1867
- Cromer v. PinckneyNew York Court of Chancery · 1848
- Magaw v. . FieldNew York Court of Appeals · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re TienkenNew York Supreme Court · 1892
- Smith v. LansingNew York Supreme Court · 1898
- In re the Estate of SparksNew York Surrogate's Court · 1899