Palmer v. Paret
New York Supreme Court
, Appeal from special term, New York county. Action by Mary Elizabeth Palmer and others against Emily L. Paret and others for partition. The complaint was dismissed on the merits, and plaintiffs appeal. Reversed. Rufus Story, a resident citizen of New Jersey, died October 6, 1877, at Bergen Point, in that state, leaving Ursula Story, his widow, and Mary E.' Palmer, Alice Rowland, Abby S. Marshall, and Emily L. Paret, daughters, his heirs and next of kin.
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, Appeal from special term, New York county. Action by Mary Elizabeth Palmer and others against Emily L. Paret and others for partition. The complaint was dismissed on the merits, and plaintiffs appeal. Reversed. Rufus Story, a resident citizen of New Jersey, died October 6, 1877, at Bergen Point, in that state, leaving Ursula Story, his widow, and Mary E.' Palmer, Alice Rowland, Abby S. Marshall, and Emily L. Paret, daughters, his heirs and next of kin. He left a large personal estate and real estate stiuate in the states of New Jersey and New York. He left a last will arid testament, which…
1Opinion of the CourtFollett, J.
The learned counsel for the appellants insists that the legal title vested in the three daughters other than Mrs. Paret, and in the plaintiffs, as trustees, for her; that they are tenants in common; and that an action to partition may be maintained. The learned counsel for the respondents insist that a valid trust, was created; that there was a conversion of the realty into personalty, out and .out; and that the legal title to the entire estate is in the executors, as trustees, under the will. It is apparent that testator intended to empower the executors, in their discretion, to con*569vert his…
Also in this document: Concurrence.
2Cases cited6 opinions
- Morse v. . MorseNew York Court of Appeals · 1881
- Cooke v. . PlattNew York Court of Appeals · 1885
- Scholle v. . ScholleNew York Court of Appeals · 1889
- Clift v. . MosesNew York Court of Appeals · 1889
- Pondir v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ray v. FowlerAppellate Division of the Supreme Court of the State of New York · 1922
- Miller v. MillerNew York Supreme Court · 1898
- Wood v. HubbardAppellate Division of the Supreme Court of the State of New York · 1898
- Stebbens v. TurnerNew York Supreme Court · 1907
- Miller v. MillerNew York Supreme Court · 1898