Kain v. . Fisher
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the second district, where judgment had been entered upon a statement of facts agreed upon by the parties, pursuant to § 372 of the code. The plaintiff was a brother, and one of the heirs-at-law of Francis Kain, late of Westchester county, deceased ; the defendant was the executor of the widow.
Read the full summary
Appeal from the general term of the Supreme Court, in the second district, where judgment had been entered upon a statement of facts agreed upon by the parties, pursuant to § 372 of the code. The plaintiff was a brother, and one of the heirs-at-law of Francis Kain, late of Westchester county, deceased ; the defendant was the executor of the widow. Francis Kain died in June 1844, without children, but leaving a widow, a mother, a brother (the plaintiff), and the children of a deceased brother. At the time of his death, there were fruits and grass growing upon lands, which the widow sold, after…
1Opinion of the CourtJohnson, J.
— The grass and fruits, growing at the intestate’s country-seat, were not assets (2 R S. 82, § 6, sub. 6), but descended to the heir with the land. (4 Bac. Abr. Executors and Administrators, H. 3.) If the lands on which the grass and fruits in question were growing, at the time of the husband’s death, had been assigned to the widow for her dower, she would thereupon have become entitled to the grass' and fruits growing on the lands. It has been so held, even in the case of annual planted crops (2 Inst. 81; Dyer 316, pi. 2); a case much stronger against the right of the widow than that of…
2Cases cited1 opinion
- Bradner v. . FaulknerNew York Court of Appeals · 1866
3Cited by9 opinions
- Wood v. WoodSupreme Court of Connecticut · 1893
- In Re the Judicial Settlement of the Accounts of ChamberlainNew York Court of Appeals · 1893
- In re the Estate of ZalewskiNew York Surrogate's Court · 1941
- Oberndorf v. Farmers' Loan & Trust Co.New York Supreme Court · 1911
- In re the Estate of GoldmanNew York Surrogate's Court · 1936
4 more not listed; retrieve them via the Exa API.