Place v. Burlingame
New York Supreme Court
Appeal from circuit court, Cortland county. Action by Frank Place and others against Miles E. Burlingame and Amy Burlingame to recover possession of certain lands in the town of Willett. From a judgment entered on a verdict directed in favor of defendants, plaintiffs appeal. Reversed.
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Appeal from circuit court, Cortland county. Action by Frank Place and others against Miles E. Burlingame and Amy Burlingame to recover possession of certain lands in the town of Willett. From a judgment entered on a verdict directed in favor of defendants, plaintiffs appeal. Reversed. On the 8th of October, 1860, Henry T. Jones executed his last will and testament, which was admitted to probate, and contained the following clause: “I give and bequeath to my wife, Johanna Jones, my real estate in the town of Willett, and appurtenances thereunto belonging, together with all my household…
1Opinion of the CourtHarden, P. J.
Interpretation of the testator’s will, and a declaration of his intent, as evidenced by the language of the will, must be had in order to solve the question presented by the appeal. Respondents’ learned counsel call our attention to a provision of the Revised Statutes, which is as follows: “Every grant or devise of real estate or any interest therein shall pass all the interest of the grantor or testator, unless the intent to pass a less estate or interest shall appear by express terms or be necessarily implied,” (Rev. St. [8th Ed.] p. 2461, § 1:) and under that statute, and the language of…
2Cases cited11 opinions
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- Campbell v. . BeaumontNew York Court of Appeals · 1883
- Schult v. . MollNew York Court of Appeals · 1892
- Crain v. . WrightNew York Court of Appeals · 1889
- Winans v. . PeeblesNew York Court of Appeals · 1865
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3Cited by4 opinions
- In re Schenectady Trust Co.Appellate Division of the Supreme Court of the State of New York · 1938
- In re the Estate of DawleyNew York Surrogate's Court · 1934
- Johnson v. GoldsteinCourt of Appeals of Texas · 1914
- Jones v. JonesNew York Supreme Court · 1899