Burke v. O'Brien
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles P. Burke, and by the defendant George W. O’Brien, from a judgment of the Supreme Court in favor of certain of the defendants, -entered in the office of the clerk of the county of Kings on the 17th day of ¡November, 1905, upon the decision of the court, rendered after a trial at the Kings County Special Term, dismissing the complaint in the above-entitled partition action, and also from an order entered in said clerk’s office on the 12th day…
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Appeal by the plaintiff, Charles P. Burke, and by the defendant George W. O’Brien, from a judgment of the Supreme Court in favor of certain of the defendants, -entered in the office of the clerk of the county of Kings on the 17th day of ¡November, 1905, upon the decision of the court, rendered after a trial at the Kings County Special Term, dismissing the complaint in the above-entitled partition action, and also from an order entered in said clerk’s office on the 12th day of December, 1905.
1Opinion of the Court
Woodward, J.:
The plaintiff brings this action for a partition of real estate under the provisions of section 1537 of the .Code of Civil Procedure, alleging the invalidity of a trust provision in the will of ¡Margaret O’Brien, deceased. The complaint has been dismissed, the plaintiff and one of the defendants appealing. The trust provision of the will is as follows: “ I give and devise to my Executor hereinafter named any and all Beal Estate of which I may die seized, to hold in trust for the benefit of my children, for which said purpose I hereby direct that my Executor apply whatever…
2Cases cited1 opinion
- Sawyer v. . CubbyNew York Court of Appeals · 1895
3Cited by9 opinions
- Kahn v. TierneyAppellate Division of the Supreme Court of the State of New York · 1909
- Appell v. AppellAppellate Division of the Supreme Court of the State of New York · 1917
- In re the Estate of LoomisNew York Surrogate's Court · 1935
- Smith v. SmithMissouri Court of Appeals · 1916
- In re BahrenburgNew York Surrogate's Court · 1924
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