Barber v. . Brundage
New York Court of Appeals
Appeal from a final judgment of tlie Supreme Court, entered April 23, 1900, upon an order of the Appellate Division in the fourth judicial department, affirming an interlocutory judgment entered upon the report of a referee in an action of partition. The facts, so far as material, are stated in the opinion. Upon the death of Monroe Brundage his real estate descended to Sarah Brundage during her life, and the reversion to Franklin Brundage, Grattan II.
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Appeal from a final judgment of tlie Supreme Court, entered April 23, 1900, upon an order of the Appellate Division in the fourth judicial department, affirming an interlocutory judgment entered upon the report of a referee in an action of partition. The facts, so far as material, are stated in the opinion. Upon the death of Monroe Brundage his real estate descended to Sarah Brundage during her life, and the reversion to Franklin Brundage, Grattan II. Brundage and Eliza Nellis. (1 R. S. 752, § 6; 754, § 27.) Sarah Brundage took a freehold estate in the lands of which Monroe Brundage died…
1Opinion of the CourtBartlett, J.
This is an action to partition about three hundred acres of land in Steuben county which was owned by Monroe Brundage at the time of his death. Monroe Brundage died in 1875, intestate, without widow or lineal descendants, and left him surviving as his only heirs at law his mother, Sarah Brundage, his brothers, Franklin Brundage and Gratton H. Brundage, and his sister, Eliza Nellis.
A single question is presented by this appeal. • The appellant,. Fannie S. Brundage, a granddaughter of the intestate, insists that upon the death of Monroe Brundage, owing to the intervening life estate in…
2Cases cited1 opinion
- Wheeler v. . ClutterbuckNew York Court of Appeals · 1873
3Cited by2 opinions
- In re the Judicial Settlement of the Account of Proceedings of YoungsNew York Surrogate's Court · 1911
- United States Trust Co. v. WheelerAppellate Division of the Supreme Court of the State of New York · 1902