Henning v. Miller
New York Supreme Court
Appeal from special term, Erie county. Mary Henning presented a claim against the estate of Catherine Barbara Nestel, and from orders denying a motion to set aside the report of the referee allowing such claim, and for a new trial, and from the judgment subsequently, entered on the report of the referee, Libbie Miller, executor of Catherine Nestel, appeals. Reversed.
1Opinion of the CourtDwight, P. J.
In the life of the defendant’s testatrix, Catherine Barbara Nestel, the plaintiff united with her two sisters in a quitclaim deed to their mother, the testatrix, of' all their, and each of their, right, title, and interest in and to a piece of land of six acres, in the town of Hamburg, for a consideration expressed in the deed. The three grantors were the owners of the land in fee simple, subject only to the dower right of their mother, the grantee. Since the death of, the latter the plaintiff has preferred a claim against her estate for the value of an undivided one third of the land so…
2Cases cited2 opinions
- Hutchins v. . HutchinsNew York Court of Appeals · 1885
- Woodard v. FosterNew York Supreme Court · 1892
3Cited by3 opinions
- Stewart v. SmithCalifornia Court of Appeal · 1907
- Henning v. MillerNew York Supreme Court · 1894
- Robinson v. RodgersAppellate Division of the Supreme Court of the State of New York · 1918