Legal Opinion

Evans v. Evans

New York Supreme Court

Decided September 15, 1910Published

Action far partition.

1Opinion of the CourtDevendorf, J.

The plaintiff claims an interest in the property in question hy virtue of the instrument purporting to he a deed, dated October 31, 1908, executed by Horatio O. Evans to W. Smith Evans, Helen M. Evans, his wife (plaintiff), and Oren B. Evans, parties of the second part, as tenants in common. It purports to convey a -farm containing upwards of ninety .acres of land, together “ with all the horses, cows, live stock, wagons, sleighs, farming tools, furniture and personal property I now own or that may take the place thereof at the time of my death.” Eollowing the above the deed contains this…

2Cases cited8 opinions

  1. Ten Eyck v. . WhitbeckNew York Court of Appeals · 1898
  2. Hathaway v. . PayneNew York Court of Appeals · 1865
  3. Gilman v. . McArdleNew York Court of Appeals · 1885
  4. Ruggles v. LawsonNew York Supreme Court · 1816
  5. Jackson ex dem. Eames v. PhippsNew York Supreme Court · 1815

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