McGillis v. McGillis
Appellate Division of the Supreme Court of the State of New York
Motion by tlie defendant Morrison M. E. Jarvis for a new trial upon exceptions filed to the report of the referee and findings in the interlocutory judgment in an action brought to partition certain real estate in the counties of Albany and Warren in the State of Hew York. The facts are more fully stated in the dissenting opinion of Putnam, J.
1Opinion of the Court
Landon, J.:
In the action of Beck v. McGillis (9 Barb. 35) the heirs of the testator obtained a decision which, as between them and the firstborn four children of Mrs. McGillis, gave to the heirs the remainder upon the death of Mrs. McGillis. That is of no consequence here, since no party to this action claims under the heirs of the testator.
The judgment in the case of Van Cortlandt v. Laidley (59 Hun, 161) excluded the heirs of the testator from any title to the remainder, because the title to the same was vested in the four after-born children of Mrs. McGillis. But this case decided nothing…
2Cases cited7 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- Baer v. HendricksNew York Court of Appeals · 1895
- Purdy v. . HaytNew York Court of Appeals · 1883
- Hennessy v. . PattersonNew York Court of Appeals · 1881
- Campbell v. . StokesNew York Court of Appeals · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gilliam v. . Guaranty Trust Co.New York Court of Appeals · 1906
- In Re the Will of KochNew York Court of Appeals · 1940
- Busick v. BusickIndiana Court of Appeals · 1917
- In re the Estate of CanfieldNew York Surrogate's Court · 1930
- Smith v. LansingNew York Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.